Qass 
Book 




i( 



Commontpealt t of Penngi'lbania. 

DIGEST 

OF THE 

Game, Fish and Forestry Laws 



This pamphlet is published but once in two years, a single edition beinjr 
printed and that edition is limited in numbers by the Joint Resolu- 
tion of the Senate and House directing its publication 



Edited by DR. JOSEPH KALBFUS 

Secretary of the Game Cpmmission 



1911 



HARRLSBURG : 

C. K. ACGHINBArnil, I'RINTKR TO THK STATE OF )>KNNSYLVAl>f lA 

1911 



/ 

COMMONWEALTH OF PENNSYLVANIA 

DIGEST 

OF THE "" 



Game, Fish, and Forestry Laws. 



k 



is pamphlet 'is published but once in two years, a sing:le edition being 
printed and that edition is limited in numbers by the Joint Resolu- 
tion of the Senate and House directing its publication. 



EDITED BY DR. JOSEPH KALBFUS, 
Secretary of the Game Commission. 



1911. 



.HARRISBURG: 

C. F. AUGHINBAUGH, PRINTER TO THE STATE OF PENNSYLVANIA. 

1911. 



DIVISION 1. Page 9. \(^l* 



Contains laws or parts of laws treating of Garde, of song ai\ 
j'Sii^ctivorous birds. 

DIVISION 2. Page 97. 

CoBtains laws or parts of laws treating of fish only. 

DIVISION 3. Page 209. 

tJcntains laws pertaining to Forestry. 

A coUeotion of Treading Decisions relative to Gan Fir 

a-w is printed, beginning on page 192. 

Tbe Gfime Commission is entrusted wiih the care t ^ ai) 

ml'i birds. 

The Department of Fisheries is charged with the *" 

o2 ;6»he8. ^°^ecf 

The Forestry Department has control of Forestry. ' 

The work of each is separate and distinct. 

A aomraary of the laws bearing upon these subjects . ^. '^ara.* 
l&^s is attached. 

Fle&se read the letter beginning on page 65. 



r% ^^ ^ 



(2) 



In the House of Representatives, 

February 15th, 1911. 

Whereas, By reason of the great demand by the people of this 
Commonwealth for the pamphlet containing the Game, Fish and 
Forestry laws of this Commonwealth, the many proposed changes 
of the same and additions Ihert^to, and that the people of the 
Stare be given ihe opportunity to become acquainted with these 
laws as quickly as posible after their enactment: 

Therefore, be it resolved, (if the Senate concur). That the Sec- 
retary of the P»onrd of Game Gommissionprs of this Commonwealth 
be and is hereby directed to prepare the daia, and as soon as possi- 
ble after th" close of this session, i)rcs«'nt the same to the Superin- 
tendent of i .blic Printing:, who shall, at the expense of the State, 
have publiM ed in pamphlet form 150.000 copies of said laws, to- 
gether ' -uch letter of instructions or explanations by those 
entrust* .u the care of our game, our forests and our fish, as 
may see "ces^wry: thirty thousand for the use of the Senate, 
sixty th (1 for the use of the House of Rei»resenratives, two 
thousanc 'the use of the Executive, six thousand for the use 
of the ^ Try of the Commonwealth, two thousand for the use 
of the . w\y (Jeneralj eight thousand for the use of the De- 
partmenv r^or^stry, eight thousand for the use of tlie Depart- 
ment of Fisheries, three thousand for the use of rhe Auditor Gen- 
eral, three, nousand for the use of rhe Treasury Department, three 
thousand f the use -of the De])artraent of Internal Affairs, three 
thousand t r the use of the DepartnuMit of Roads, three thousand 
for the u"" of the Department of Klines, three thousand for the 
use of the Agriculture Department, and sixteen thousand for the 
use of the Game Commission. 

p THOMAS H. GARVIN, 

Chief Clerk, House of Representatives. 

The foregoing resolution concurred in February 15th, 1911. 

HARMON M. KEPHART, 

Chief Clerk of the Senate. 

Approv the 1st day of March, A. D. 1911. 

JOHN K. TENER. 



(3) 



^f^ 
e^'^ 



(4f 



LETTEli OF TEiV^SMlTTAL. 



In the niiuds of those who have to do with the forestry, the 
tish and the game interests of this Commonwealth those that 
have given those subjects cai'eful and thoughtful study, each 
of them in itself seems to occupy such a place in the makeup of 
the individual life of so many people and are jointly so inter- 
woven with each other and the general prosperity of our State, 
as to make even their prospective loss appear in the light of a 
calamity, a condition that if once established will be extremely 
hard, if not impossible to overcome, and that will bring serious, 
\ory serious results in its train. 

It has long since been determined that growing timber, forest 
shade and fruit trees were absolutely necessary to the healthful 
enjoyment of this life. That the products of growing timber is ab- 
solutely necessary to the success of mechanical pursuits. That upon 
the preservation or reproduction of our forests depends our con- 
tinuous water supply, our protection from drought, as well as our 
defense against excessive floods. 

It is desired to call particular attention to two new statutes 
relating to forests and forestry. The first is the municipal forest 
law, which permits municipalities to purchase forest laud for the 
purpose of revenue, using the returns for su -h rsiunicipal pur- 
poses as may be necessary; and the other is the tiew forest fire war- 
dens act, completely changing the system oi ure fighting in this 
Commonwealth. These acts will be found at pages and . 

How much better it would have been for this Commonwealth 
had the subject of forestry, with all that word covers, been 
intelligently considered and acted upon fifty years ago instead 
of to-day. 

How much better it would have been, had the people of this 
Commonwealth and of this Nation, endorsed the idea of game 
nnd wild bird preservation and of fish protection and propagation, 
fifty years ago instead of at this time. 

It has been said that the benefit derived by a day afield with 
rod, or gun, by the tired, or worn out, indoor worker, is some- 
thing that cannot be correctly expressed in words or figures. 
Physical '^xercise and forgetfulness of daily worry and business 
care, ijring their reward in return of health and there is no in- 
centive in this direction, that begins to take the place of the 
pursuit of game or fish. Any one who ever hooked a two pound 

(5) 



G GAME, FISH AND FORESTRY LAWS. 

bass, or used an artificial fly, can realize what total forgetful- 
ness of business cares means; how from the moment the strike 
was made the circulation (luickened and all thoui;ht of the World 
outside was forgotten, until that fish was landed; how in anticipa- 
tion of a strike every cast of the fly took his whole attention. No 
one can forget the flushing of that wild turkey or of that pheas- 
ant, or of that covey of quail, or how bunny sprang out most un- 
expectedly and how in absolute forgetfulness of all beside, he 
took that needed and continued exercise in their pursuit, that 
nothing besides would have caused him to take, and how in rest- 
ful oblivion he passed the night without even a dream of business 
cares. 

The Department of Health was created for the purpose of 
conserving the health of our people. Sanitariums are every- 
where being erected and maintained, in the hope of curing those 
who are ailing. Our idea is to make an open park of all the 
wild lands of this Commonwealth, a place in which our people 
of all classes can find pleasure and maintain tneir sti'ength, 
where the well and strong can enjoy an outing that will keep them 
well and make them stronger; where those who are starting on 
the road to shattered nerves, and inability to meet the demands 
they are called upon to face, can strengthen their hold on all 
those things, that fit men the better to meet tj^ requirements of 
everyday bati'.e with the World. 

The presence of game or fish is a lure to Mrenuous outdoor 
exercise, that means better health to tho^ ,vnio hunt or fish, 
and therefore better citizenship. To us y^ hunting or the pur- 
suit of game, does not appear simply in/th'^ light of recreation, 
or pleasure, nor does it appear as a w^'St/ of time; but instead 
is in every sense of the word a National^nfwossity. 

The ability acquired by young AmeWQa in the pursuit of game 
in the handling of the gun, in taking /a/i'e of himself in the fields, 
or in the forests, or on the water, yfia^ made it possible for our 
Volunteers to become with limiteik^lj^Mpline and drill the equal 
of any Regular on the face of the EJi^fth. I cite as illustration the 
work done by Jackson's men at New Orleans, the efficiency of oui 
own Pennsylvania Bucktails during the late Civil War, the work 
of the Boer with the gun in South Africa, where 1.000 men, who 
knew how to shoot and to shift for themselves, appeared to be the 
equal of many thousands of men who did not possess that ability. 
Under our system of Government and present conditions, the 
efiicient volunteer, is our bulwark of defense in the time of War, 
and this State owes it to itself, for this reason, if for no other, to 
supply its young men with the incentive to this training in the 
shape of game, without which they cannot and will not be fitted 
to meet the demands made upon them. We had in Pennsylvania 



GAME, PISH AND FORESTRY LAWS. 7 

last Fall fully 8,000 men who camped up<»n State lands. We kti 
fully twice that many men who camped ui>on other lands. W« 
had fully 20,000 men who hunted in this State with rifles alone, 
and fully 130,00(1 who hunted at one time or another for email 
game with shotguns. More than 800 deer were killed and fully 500 
bear last fall. I believe that 150 pounds would be a fair estimate ot 
the average weight of each deer killed, making a total of 60 tonii 
of venison taken in Pennsylvania. I believe an average of KX> 
pounds to the bear would not be excessive, making 50 torn tff 
bear meat taken, beside«i this the value of the skins. Say tkatt 
each of the mpn who hunted with shotguns killed but three rabbitft 
during the season and that each rabbit weighed but two poandi» 
and we have the weight of the rabbits killed aggregating 590 tonv. 
Add the weight of game birds of various kinds and of squirreli 
taken, and it will be readily seen that the question of game at 
a food supply is one of no little significance. And equaling, if 
not exceeding all this is the worth of living birds, a something 
that cannot be accurately fixed or expressed. Those who bavt 
made a study of this subject say, birds of all kinds are the great 
equalizers between insect life and vegetation. Our State Zoologiit 
says, this World would not be inhabitable by man in twenty yean 
were insects not curbed in some way. Xo one attempts to claim 
that the birds are the only destroyers of insect life ; but they do 
attempt to say, that our birds do their share of this work and they 
are well worth protection. Zoologists tell us most young birds 
while in the nest are fed upon insect life, and that each one daily 
consumes an amount of animal food equal to its own weight. Say 
there is but a single nest to the acre in this State, and that eacii 
nest contains four young birds weighing one ounce each, or four 
ounces to the nest, one pound to four acres, one ton to eight 
thousand acres, we have in round numbers in Pennsylvania 28,- 
800,000 acres, and it would therefore, at this rate require 8,600 
tons of insects to feed the birds of this State one single day. 
Surely the life work of birds means something to each one of ub. 

Some one has defined ornithology to be the study of birds from 
the standpoint of dollars and cents, and it matters not whether the 
birds be classed as a game bird, a song bird or an insectivorout 
bird, its value living, far exceeds its value dead. Think of irbat 
this means to the State and Nation, to you. 

Consider the worth of fish and fishing, the pleasure, exper- 
ience, recreation, with consequent better health and impraved 
ability to meet the demands made by the family or State and 
in addition the cash value of the many tons of fish taken. 

Under the Constitution of Pennsylvania, there can be no sptcial 
or sectional legislation. Our laws must as nearly as possible be 
drawn to meet the necessities of the entire State and of every 



8 GAME, FISH AND FORESTRY LAWS. 

part thereof, and to this end the Legislature has directed its labors. 

This book contains a compilation of the laws of this Common- 
wealth upon the subjects of forestry, fish and game ; and it is 
the most earnest desire of those entrusted with the care of these 
subjects that every resident of this Commonwealth awake now, 
to the realization of the fact that their individual help is needed 
to protect these interests. No one, it seems to us, has attained an 
elevation in this State that places him above having a personal 
interest in these matters and no one occupies a position so lowly, 
that his influence cannot be of value. Every community rflinild 
have an organization for forestry, fish and game protection, nod 
we hope the laws contained in this little book will be read and re- 
read, not by hunters and fishermen only, but by every individual 
in the State who has her interests truly at heart, who if they will 
but one moment think upon these subjects, cannot fail to recognize 
that every step taken for the protection of our forests, our fish and 
our game and our wild birds other than game birds, is a step in the 
right direction and one that cannot fail to be of benefit to the 
Commonwealth. 

It is impossible to secure 'r.ws that in all respects suit every- 
body. We believe the acts contained in this book are fair and 
reasonable and just in most respects, and are worthy of the 
highest regard and entitled to the full support of all law abid- 
ing citizens. They were passed for the purpose of benefiting all 
the people of this Commonwealth, Neither of the Departments 
entrusted with the care of these subjects is powerful enough in 
itself to enforce the laws as they should be enforced. Neither of 
these Departments, without the help of the people, can secure 
results such as are desired. We need your individual support. 
We want that help. We feel that we are working for your bene- 
fit and are entitled to that support. We beg of you to help your- 
self and your community by aiding us in this work. 

Individual effort in behalf of these subjects is well enough and 
much good has already and will hereafter result from such efforts. 
Organization for the purpose of advancing these interests is still 
better, and in the hope of aiding you in such organization we 
publish on page of this book a short form of suggestions that 

may be of use. We would like to see an organization for one or all 
of these purposes combined in every community of this Common- 
\wealth. 

Respectfully yours, 

JOSEPH KALBFUS, 

Secretary of the Game Commission. 



GAME, FISH, AND FORESTRY LAWS. 



DIVISION 1. 

CONTAINING LAWS OR PARTS OP LAWS 
TREATING OF GAME, OF SONG, AND INSEC- 
TIVOROUS BIRDS. 



AN ACT 



To provide for the appointment of Game Commis- 
sioners for the Commonwealtli of Pennsylvania, 
defining their duties and empowering tl;em to 
appoint game protectors. 

Section 1, Be it enacted, &c., That the Governor 
of the Commonwealth is hereby authorized and re- 
quired to appoint, subject to the approval of the 
Senate, six competent citizens of this State to be 
and act as a Board of Game Commissioners, no two 
of whom shall be from the same Senatorial dis- 
trict, and shall, upon said appointment, designate 
which two of said persons shall receive and hold 
office during the term of one year, which two of 
said persons shall receive and hold office during 
the term of tAvo years, and which two of said per- 
sons shall receive and hold office for the term of 
three years. 

Upon the death, resignation or removal from 
office of any person so appointed as aforesaid, the 
Governor shall appoint a competent person to serve 
for the unexpired term of the person so dying, re- 
signing or removed, subject to the approval of the 
Senate at its next meeting, if such meeting shall 
be before the expiration of the term of office of 
such appointee. 

Upon the expiration of the term of the officers sa 
appointed and designated under the provisions of 
this act, their successor shall be appointed in 



June 25, 
1895, P. L. 
273. 



Appointmeut 
of Board of 
Game Com- 
missioners, 
authorized. 



Terms of 
first ap- 
pointees. 



Vacancy 
how filled.. 



(9) 



10 



GAME, FISH AND FORESTRY LAWS. 



Full term 
flball be 
three years. 

No compen- 
satlon for 
■eryiceB. 



Oilce of 
board. 



Meetings. 



Ehitles of 
i)oard In 
protection of 
came. 



I« collection 
•f BUtlatics. 



Keep re- 
ports, &c. 



ABsnal re- 
port to Gov- 
ernor. 



OoBtentJ of 
rt9*rt. 



GoTernor 
shall present 
report to 
legislature. 



Board shall 
appoint 30 
:fame pro- 
tectora. 



>Oblef pro- 
\tector. 



manner aforesaid for the term of three years so 
that there shall not be more than two vacancies 
at any one time in such commission, and the term 
of two cmmissioners shall expire thereafter each 
year. The commissioners shall receive no compen- 
sation for their services. 

Section 2. The Board of Game Commissioners 
shall have an office in the Capitol, at Harrisburg, 
Pennsylvania, and shall hold meetings at such 
office on the first Thursday of January and July, 
and at such other times and places within the 
State as the commissioners shall appoint for the 
transaction of business. It shall be the duty of 
said board to protect and preseive the game, song 
and insectivorous birds and mammals of the State, 
and to enforce, by proper actions and proceedings, 
the laws of this Commonwealth relating to the 
same. It shall bp the duty of said board to collect, 
classify and preserve all such statistics, data and 
information as, in their judgment, will tend to pro- 
mote the objects of this act, to take charge of and 
keep all reports, books, papers and documents 
which shall, in the discharge of their duties here- 
under come into their possession or under their 
control. 

It shall be the duty of said board, on or before 
the first Monday in December of each year, to pre- 
pare and present to the Governor of this State an 
annual report, showing what has been done by 
them during the current year, the amount received 
by them, and from what sources, and the amount 
expended by them, and for what purposes, with 
such recommendations for legislative action, if 
any, as the said board may deem wise for the bet- 
ter accomplishment of this act. The Governor 
shall lay said reports before the legislatures con- 
vening next after their receipt. 

Section 3. As amended by act of June 15th, 1911, 
P. L. SoO. 

Section 3. The Board of Game Commissioners 
shall have the power and authority to appoint 
thirty (30) competent men, whose powers and 
duties are hereinafter defined, and who shall be 
known as game protectors. The said board shall, 
from time to time, designate one of such protectors 
as chief protector, who shall remain such during 



GAME, FISH AND FORESTRY LAWS. 



11 



the pleasure of the board, and who shall have the 
direction, supervision, and control of the other 
protectors. The chief game protector shall be 
secretary to the Board of Game Commissioners, 
and shall occupy as his permanent headquarters 
the room assigned to the Game Commissioners at 
the Capitol at Harrisburg. Said secretary shall 
have authority to have printed, at the expense of 
the State, the annual report of the Board of Game 
Commissioners to the Governor, and such bulle- 
tins as, in the opinion of said board, may be nec- 
essary to its work. 

Section 4. Game protectors so appointed shall 
hold office during the pleasure of the Board of 
Game Commissioners, which may summarily re- 
move any of their number and appoint another in 
his place. The game protectors shall enforce all 
the game laws of the State and the provisions sup- 
plementary thereto, and shall have full power to 
execute all warrants and search warrants issued 
for the violation of the game law, and to serve 
subpoenas issued for the examination, investiga- 
tion or trial of all offenses against said laws; each 
protector shall keep a record of his official acts, re- 
ceipts and expenditures and at the close of each 
month make summary of such record, with such 
statements in detail as shall be necessary for the 
information of his chief, and report the same to 
the chief protector under oath. The chief protec- 
tor shall report to the Board of Commissioners any 
negligence or dereliction of duty or incompetency 
on the part of any of the protectors, with the facts 
relating thereto, and he shall report monthly to 
said commissioners the operations of his depart- 
ment during the preceding month, and shall make 
such further reriorts as may be required by the 
Board of Commissioners: Provided, That no com- 
missioner, protef'tor or other officer, authorized by 
this art shall claim or receive any compensation 
for his services or for expenses incurred in the dis- 
charge of his duties. 

Approved — The 25th day of June, A. D. 1895. 

DANIET. H. HASTINGS. 



Chief protec- 
tor shall be 
secretary of 
the board. 



Annual re- 
port and bul- 
letins. 



Protectors 
shall hold 
office at 
pleasure of 
board. 



Shall en- 
force game 
laws. 

Serve sub- 
poenas. 
Shall keep 
record of of- 
ficial acts, 
&c. , and re- 
port under 
oath. 

Chief protec- 
tor shall re- 
port negli- 
gence on 
part of pro- 
tectors. 
Shall make 
monthly re- 
port. 

No compen- 
sation to 
commission- 
er, protector 
or other 
ofl3cer. 



12 



GAME, FISH AND FORESTRY LAWS. 



AN ACT 



March 22, 
1899, P. L. 
17. 



Constables 
to be ex-offi- 
cio fire, 
game and 
fish war- 
dens. 

Duties of 
wardens. 



May arrest 

without 

warraut. 



Arrests may 
be made on 
Sunday. 



Power with- 
out warrant 
to search 
»nd examine. 



To seize and 
take posses- 
sion of game 
and fisb. 



Making constables of townships and boroughs ex- 
officio fire, game and fish wardens, prescribing 
their powers and duties, fixing their fees as war- 
dens, and prescribing their punishment for fail- 
ure to perform their duties. 

Section 1. Be it enacted, &c.. That from and 
after the passage of this act the constables of the 
various wards, boroughs and townships of the 
Commonwealth shall be ex-officio, fire, game and 
fish wardens. 

Section 2. It shall be the duty of said fire, game 
and fish wardens to enforce all statutes of this 
State now in force, or that hereafter be enacted, 
for the protection of forests and timber lands from 
fire, and for the protection and propagation of 
game, game birds, game mammals, song and in- 
sectivorous birds, and fish, and said constables or 
wardens shall have authority to arrest without 
warrant any person or persons caught by them in 
the act of violating any of the aforesaid laws for 
the protection of forests and timber lands, game, 
and food and game fish, and take such person or 
persons forthwith before a justice X)f the peace or 
other magistrate having jurisdiction, who shall 
proceed without delay to hear, try and determine 
the matter. Such arrests may be also made on 
Sunday, in which case the person or persons ar- 
rested shall be taken before the proper officer, and 
proceeded against as soon as may be on a week 
day following the arrest. 

Section 3. Said constables or wardens shall have, 
power without warrant to search and examine any 
boat, conveyance, vehicle, fish box, fish basket, 
game bag or game coat, or other receptacle for 
game or fish, when they have good reason to be- 
lieve that any of the laws for the protection of 
forests and timber lands, game and fish, have 
been violated; and the said constables shall at any 
time seize and take possession of any and all 
birds, animals or fish, which have been caught, 
taken or killed at any time, in a manner or for a 
purpose, or had in possession or under control. 



GAME, FISH AND FORESTRY LAWS. 13 

have been shipped or are about to be shipped, 
contrary to any of the laws of thi:; State. Any 
court having jurisdiction of the offense, upon 
receiving proof of probable causo for believing 
in the concealment of any bird, animal or fish, 
caught, taken, killed, had in possession, under 
control or shipped, or about to be shipped, con- 
trary to law, shall issue a search warrant and j^gue^^earch 
cause a search to be made in any place, and to warrants, 
that end may, after demand and refusal, cause 
any building, enclosure or car to be entered, and 
any apartment, chest, box, locker, crate, basket 
or package, to be broken open and the contents se^izedtobe 
thereof examined by said constable. All birds, disposed of 
animals or fish, or net, or fishing appliances, or ap- as directed 
paratus, seized by any constable or warden, shall ^y t^e court, 
be disposed of in such manner as may be directed 
by the court before whom the offense is tried, and 
such constable or warden shall not be liable for constables 
damages on account of any such search, examina- uot liable 
tion or seizure, or the destruction of any nets or 'o^' damagei. 
fishing apparatus of any kind in accordance with 
the provisions of this act. 

Section 4. Any constable or warden, upon the ar- Const.abies 
rest and prosecution of any offender to conviction ^^ he^naid' 
under the provisions of this act, shall, in addition " ^ 
to the fees to which he may be entitled under ex- 
isting laws, be paid for his services the sum of ten Amount, 
dollars on a w-arrant drawn by the county com- 
missioners on the county treasurer one-half of 
which shall be paid out of the treasury of the now paid, 
respective county, and the remaining half of said 
reward shall be paid by the State Treasurer into 
the treasury of said county, out of moneys not 
otherwise appropriated, upon warrant from the 
Auditor General, but no such warrant shall be 
drawn until the respective county commissioners 
shall have first furnished, under oath, to the 
Auditor General, a written itemized statement of 
such expenses, and until the same is approved by Proriso 
the Auditor General: Provided, That no county 
shall be liable to pay for this purpose in any 
one year an amount exceeding five hundred dol- 
lars. 

Section 5. Each of said constables or wardens 
shall, for the purpose of this act, have concurrent 



H 



GAME, FISH AND FORESTRY LAWS. 



Constables 
or wardens 
to have 
conciuTcnt 
Jurisdiction. 

To ma lie 
special re- 
turns to 
court. 

Duty of the 
court. 

Neglect or 
refusal of 

constables « 
misde- 
meanor. 



Penalty. 



Repeal. 



jurisdiction throughout his own proper county; 
and they shall in the first week in each term of 
the court of quarter sessions of their respective 
counties, make special returns to said court, undei 
oath, of all violations occurring in their respective 
townships, or which may come or be brought to 
their notice, of any of the provisions of any law 
now in force, or that may hereafter be enacted, 
for the protection of forests and timber lands, 
game and fish; and it shall be the duty of the 
judge of said court to see that such returns are 
faithfully made, and any constable or warden 
wilfully neglecting or refusing to make such re- 
turns, or to prosecute any offense under said laws 
of which he shall have personal knowledge or 
which he shall have notice in writing by any 
citizen, giving the name of the offender togethei' 
with the names of tLe witnesses, shall be guilty Oj 
a misdemeanor, and upon conviction thereof be 
sentenced to pay a fine of fifty dollars, or to 
undergo an imprisonment in the county jail for 
two months, both or either, at the discretion of 
the court. 

Section 6. All sections, provisions, acts or parts 
of acts inconsistent with this act, or any section 
of it, are hereby repealed. 

Approved— The 22d day of March, A. D. 1899. 

WILLIAM A. STONE. 



Mftj 21, 1901 
P. L. 266. 



A SUPPLEMENT 

To an act, entitled "An act to provide for the ap- 
pointment of game commissioners of the Com 
monwealth of Pennsylvania, defining their du- 
ties, and empowering them to appoint game 
protectors," approved the twenty-fifth day of 
June, Anno Domini one thousand eight hundred 
and ninety-five; extending the powers of said 
protectors, making disposition of fines received 
by them, and regulating their pay. 

Section 1. Be it enacted, &c.. That from and afiei 
the passage of this act the game protectors ap- 
pointed by virtue of the provisions of the act, er 
titled "An act to provide for the appointment of 



GAME, FISH AND FORESTRY LAWS. 



li 



game commissioners for the Commonwealth of 
Pennsylvania, defining their duties, and empower- 
ing them to appoint game protectors," approved 
the twenty-fifth day of June, Anno Domini one 
thousand eight hundred and ninety-five shall have 
in addition to the powers conferred upon them by 
said act, the authority to arrest without warrant 
any person or persons found by them in the act of 
violating any of the laws of this Commonwealth 
now in force, or that may hereafter be enacted for 
the protection of game, of song and of insectivor- 
ous birds, and take such person or persons forth- 
with before a jistice of the peace or other magis- 
trate having jurisdiction, who shall proceed with- 
out delay to hear, try and determine the matter; 
such arrest may also be made on Sunday, in which 
case the person or persons, so arrested, for safe 
keeping may be committed to the jail for that day, 
but shall be taken before the proper magistrate 
and proceeded against as soon as may be on a 
week day following the arrest. 

Section 2. Said game protectors shall have 
power, without warrant, to search and examine 
any boat, conveyance, vehicle, game-bag, game-coat, 
or other receptacle for game, when they have good 
cause to believe tliat any of the laws of this Com- 
monwealth for the protection of game, of song or 
of insectivorous birds, have been violated; and the 
said game protectors shall, at any and all times, 
have the right to seize and take possession of any 
and all birds or animals which have been caught, 
taken or killed, at any time, in a manner or for a 
purpose, or had in possession or under control, 
have been shipped or about to be shipped, contrary 
to any of the law^s of this Commonwealth, Any 
court having jurisdiction of the offense, upon re- 
ceiving proof of the probable cause for believing in 
the concealment of any bird or animal caught, 
taken, killed, had in possession, undjj- control, 
shipped or about to be shipped, contrary to any 
laws of this Commonwealth, shall issue a search 
warrant, and cause a search to be made in any 
place; and to that end may, after demand and re- 
fusal, cause any building, enclosure or car to be en- 
tered, and any apartment, chest, locker, box, trunk, 
crate, basket, bag or package, to be broken open 



May arre»t 

without 

warrant. 



In case of 

arrpst on 
Sunday. 



Search and 
examination 
without 
warrant 



Seizure of 
game. 



Search w er- 
rant. 



18 



GAME, FISH AND FORESTRY LAWS. 



Game seized 
to be for- 
warded to 
the nearest 
bospltal. 

Guns and 
ipjjllances. 



Pnhllc auc- 
tion. 



Securing of 
evidence . 



Game to be 
forwarded lo 
hospital. 



Interference 
with game 
protectors. 



Udln 
making ar- 
resta. 



and the contents thereof to be examined by said 
protector. All birds or animals classed as game, 
found therein in violation of law, shall be seized by 
the protector making the search, who shall, as soon 
as may be thereafter, forward said game to the 
nearest hospital, for the use of the sick or injured 
therein; the bodies or parts of bodies of all song or 
insectivorous birds, so taken, shall, unless needed 
for evidence, be destroyed; all guns, gunning appli- 
ances, shooting apparatus, trap or gunning ap- 
parel, found in said receptacle or receptacles, 
where the search warrant is issued against a non- 
resident, shall be seized by said protector, and 
held, subject to the payment of the maximum pen- 
alty attached by law to the offense charged, and 
the costs of prosecution; said goods to be sold at 
public auction, after the lapse of twenty days 
from the date of seizure, and failure of the re- 
puted owner to appear and defend himself against 
the charges preferred; and such game protector or 
protectors shall not be liable for damages on ac- 
count of any arrest, search, examination, seizure 
or sale, made in accordance with the provisions 
of this act. 

Section 3. Any of the game protectors of this 
State shall have the right, for the purpose of se- 
curing evidence wherewith to convict of violations 
of the game law, to purchase or sell game, the pur- 
chase or sale of which is otherwise forbidden, and 
shall not be liable to any of the fines or penalties 
imposed by law for the purchase or sale of game. 
All game remaining in the hands of a protector, 
after the purpose for which it was procured shall 
have been accomplished, shall be forwarded to the 
nearest hospital for the use of the sick or injured 
therein. 

Section 4. Any person or persons interfering 
vvith any of the game protectors of this Common- 
weaiLii in the discharge of their duties, or resisting 
arrest, shall be liable to a penalty of one hundred 
dollars, or be imprisoned in the county jail for a 
period of one day for each dollar of penalty im- 
posed. Any game protector is hereby authorized to 
call to his aid any citizen or citizens of this Com- 
monwealth, for assistance as needed in making an 
arrest. 



GAME, FISH AND FORESTRY LAWS. 



17 



Section 5. That the game protectors, so appoint- 
ed, shall receive salary or pay per day, as may be 
agreed upon by the Game Commission, with ex- 
penses not to exceed two dollars per day outside 
of traveling expenses; said expense account to be 
itemized and presented under oath. All moneys 
coming to any game protector as his part of any 
fine or penalty, under existing law, wherein he 
is the prosecutor, shall belong to the Game Com- 
mission, and shall be surrendered by said pro- 
tector to the secretary of the said commission for 
its use: Provided, That the combined expense ac- 
count of the Game Commission shall not exceed 
the amount set apart by law to their use. 

Section 6. All acts or parts of acts inconsistent 
with this act are hereby repealed. 

Approved— The 21st day of May, A. D. 1901. 

WILLIAM A. STONE. 



Compensa- 
tion of game 
protectors. 



Expenses. 



All fines and 
penalties to 
be turned 
over to Game 
Commission. 

Proviso. 



Repeal. 



AN ACT 

To prohibit the capture or killing of beaver within 
the Commonwealth of Pennsylvania, and provid- 
ing penalties for the violation of its provisions. 

Section .1. Be it enacted, &c., That from and 
after the passage of this act, it shall be unlawful 
to kill or capture, or to attempt to kill or capture, 
any beaver within this Commonwealth. 

Section 2. Any person violating any of the pro- 
visions of this act shall be liable to a penalty of 
one hundred dollars for each offense; or, in default 
of the payment thereof, with the costs of prosecu- 
tion, to undergo an imprisonment, in the jail of 
the county where the offense is committed, of one 
day for each dollar of penalty imposed; and the 
possession of any beaver, or of the fresh skin or 
any portion of the fresh skin or carcass of such 
animal, shall be prima facie evidence of a viola- 
tion of this act by the person or persons in whose 
possession the same shall have been found. 

Section 3. For the purposes of this act, the 
beaver shall be classed as game in this Common- 
wealth; and it is hereby made the duty of all offi- 



March 17, 
1903, P, L. 

28. 



Unlawful to 
kill or cap- 
ture beaver 



Fine. 



Imprison- 
ment. 



Prima facie 
evidence. 



Beaver 
classed as 
"game." 



18 



GAME, FISH AND FORESTRY LAWS. 



Duty of 
game war- 
dens, etc. 



Prosecu- 
tlonB. 



cers of the State, entrusted with the protection of 
game, to see that the provisions of this act aie 
enforced. All prosecutions for violation of the pro 
visions of this act shall be brought, and the course 
of proceeding followed, as prescribed by section 
twelve of an act, entitled "An act to provide for 
the protection and preservation of game, game 
quadrupeds, game birds, et cetera," approved the 
fourth day of June, Anno Domini one thousand 
eight hundred and ninety-seven. 
Approved— The 17th day of March, A. D. 1903. 
SAML. W. PENNYPACKER. 



April 11, 
1903, P. L. 
163. 



Deputy 
fame pro- 
tectors. 



Oompensa- 
tion. 



Bond. 



AN ACT 

To provide for the appointment of deputy game 
protectors, for the Commonwealth of Pennsyl- 
vania, and defining their duties. 

Section 1. Be it enacted, &c.. That the Board of 
Game Commissioners shall have the po.ver and au 
thority to appoint one competent man in each and 
every county of the Commonwealth of Pennsylva 
nit, to be called and designated as a deputy game 
protector, who shall have the same power and per 
form the same duties as the present game pro 
tectors, authorized by law, now have and perforin, 
and receive the same compensation that constables 
now receive for similar services; and shall, when 
appointed, give to the Board of Game Commission 
ers a bond in the sum of three hundred dollars, 
conditioned for the faithful discharge of his duties; 
such bond to be approved by the said Commis 
sioners. 

Approved— The 11th day of April, A. D. 1903. 
SAML. W. PExNNYPACKER. 



GAME, FISH AND FORESTRY J^AWS. 



1[) 



AN ACT 

Requiring non-resident hunters to procure a li- 
cense before hunting in this Commonwealth, and 
providing penalties for violation of its provi- 
sions, and repealing an act approved the twenty- 
fourth day of April, one thousand nine hundred 
and one. 

Section 1. Be it enacted, &c., That from and 
after the passage of this act, every non-resident 
of this Commonwealth shall be required to take out 
a license from the treasurer of the county in which 
he proposes to hunt, before begining to hunt in 
any part of this Commonwealth. Each and every 
person not a resident of this Commonwealth shall 
pay a license fee of ten dollars to the treasurer of 
the county in which he proposes to hunt, and the 
said treasurer shall thereupon issue to him a cer- 
tificate, on forms supplied by the Board of Game 
Commissioners of this Commonwealth, bearing the 
name and place of residence of the applicant, with 
his description as near as may be, which said cer- 
tificate shall authorize the owner thereof to hunt 
and kill game i.n any part of this Commonwealth, 
during the period of that year when game may be 
legally killed, under the restrictions and for the 
purposes allowed by law; said certificate shall not 
be transferable, and shall be exposed for examina- 
tion, upon demand made by any game protector, 
constable, or game warden of the State. One-half 
of the license fee so received by any county treas- 
urer shall be retained by him, for the use of the 
county wherein the same is paid, and the remain- 
ing one-half ©f said fee shall be forwarded by him 
to the State Treasurer, in the same manner and 
for the same purpose as is now provided by law 
in the case of fines or penalties recovered for vio- 
lation of the provisions of any of the sections of an 
act, entitled "An act to provide for the protection 
and preservation of game, game quadrupeds and 
game birds, and song and insectivorous birds," 
approved the fourth day of June, Anno Domini 
one thousand eight hundred and ninety-seven. All 
fines and penalties recovered for violation of the 



Apri-; J i 
1903, ]'. 
178. 



Noti-resideu! 
bunters re- 
quired to 
take out li 
opiise. 



Fee. 



Certifloftie 



Not uaiiK 
feniblc. 



DispositioL 
of fee. 



20 



GAME, FISH AND FORESTRY LAWS. 



Distribution 
of fines. 



Prima facie 
evidence. 



Fine and 
penalty. 



Ball. 



Commit- 
ment. 



Power of 
oflBcers. 



Disposition 
of game 
seized. 

Gans, etc. 



Advertls- 

ment. 



provisions of this act shall be distributed as are 
fines and penalties collected for violation of the 
said act of June fourth, one thousand eight hun- 
dred and ninety-seven. 

Section 2. Possession of a gun, in the fields or in 
the forests or on the waters of this Commonwealth, 
by non-residents of this Commonwealth, without 
having first secured the license required by this 
act, shall be prima facie evidence of a violation of 
its provisions; and any person so offending shall 
be liable to a penalty of twenty-five dollars for each 
crfense, or in default of the payment thereof, with 
the cost of prosecution, to suffer an imprisonment 
in the county jail for a period of one day for each 
dollar of penalty imposed, unless he or they enter 
into good and sufficient recognizance to pay said 
penalty and costs within a period of ten days from 
the date of conviction, or enter into recognizance 
to answer said complaint, on a charge of misde- 
meanor, before the court of quarter sessions of the 
peace of the county where said offense is charged 
to have been committed; which court, on the con- 
viction of the defendant or defendants, and fail- 
ure to pay the penalty or penalties imposed, with 
the cost of prosecution, shall commit the said de- 
fendant or defendants to the jail of the county for 
a period of one day for each dollar of penalty im- 
posed. 

Section 3. All officers of the Commonwealth 
whose duty it is to protect the game of the Com- 
monwealth, shall have power to seize all guns and 
shooting paraphernalia, and game in possession or 
belonging to the suspected parties, within the Com- 
monwealth. The game, upon the conviction of the 
parties so arrested, shall be forfeited to the State, 
and forwarded by said officer to the most conven- 
ient public hospital, for the use or the sick or 
injured therein; and the guns and shooting para- 
phernalia held, subject to the payment of the pen- 
alty or penalties imposed, with the costs of prose- 
cution; and in the case of default of the payment 
thereof for a period of five days from the date of 
conviction, unless appeal be taken, to advertise 
the same by public handbill, not less than five in 
number, conspicuously displayed in the borough 
or township where the conviction was secured, and 



GAME, FISH AND FORESTRY LAWS. 



21 



after the lapse of ten days from the date of ad- 
vertisement, to sell said guns and paraphernalia at 
public auction. The fund thus realized shall be 
applied first, to the payment of the costs incurred, 
then to the payment of the penalty imposed, and 
the remainder, if any, shall be returned to the 
owner or owners of the property so seized and 
sold: Provided, That the fact that imprisonment is 
suffered by any person convicted of violating the 
provisions of this act, shall not prevent the sale of 
all guns and hunting paraphernalia so seized, and 
the application of the fund thus realized to the 
purposes before mentioned. 

Section 4. "An act requiring non-resident gun- 
ners to secure a license before hunting in the Com- 
monwealth of Pennsylvania, and providing penal- 
ties for violations of its provisions," approved the 
•twenty-fourth day of April, Anno Domini nineteen 
hundred and one, be and the same is hereby re- 
pealed. 

Approved— The 14th day of April, A. D. 1903. 
SAML. W. PENNYPACKER. 



Sale. 

Dispositioi) 
of funds. 



rroviso. 



Repeal. 



AN ACT 

To prohibit the discharge of flobert rifles, air guns, 
spring guns, in cities and boroughs of this Com- 
- monwealth. 

Section 1. Be it enacted, &c.. That six months 
after the passage of this act it shall be unlawful 
for any person to discharge, on the streets or 
alleys of any city or borough in this Common- 
wealth, a flobert rifle, air gun, spring gun, or any 
implement which impels with force a metal pellet 
of any kind. 

Section 2. Any person violating this act shall be 
arrested, and fined in the sum of five dollars before 
any committing magistrate; and for the second 
offense, shall be fined in the sum of fifteen dollars 
and may undergo an imprisonment in the county 
jail for a period not less than ten days and not 
exceeding thirty days, the person so offending to 
pay all costs of prosecution. 

Approved— The 15th day of April, A. D. 1903. 
SAML. W. PENNYPACKER. 



April ir.. 
1903, P. 1 
198. 

Flobert 
rifles, air 
guns au.l 
spring gnus 
Unlawful to 
discharge in 
streets or 
alleys. 

Fine. 



22 



GAME, FISH AND FORESTRY LAWb. 



April 16. 
1903, P. L. 
218. 



Officers 
whose duty 
it is to en- 
force same 
laws. 



Record 

costs. 

The county's 

liability 

therefor. 



AN ACT 

Fixing the liability for record costs, in cases where 
officers, whose duty it is to enforce the game 
laws of this Commonwealth, fail, for any legal 
cause, to receive the same from the defendant. 

Section 1. Be it enacted, &e., That from and after 
the passage of this act, whenever any officer of this 
Commonwealth, \\hose duty it is by the laws of 
this State to protect our game, our song or our in- 
sectivorous birds, shall in good faith, bring suit 
for violation of any of the laws relative to these 
subjects, and for any legal cause shall fail to re- 
cover the costs of record, the same shall be a 
charge upon the proper county, and shall be aud- 
ited and paid as are costs of like character in said 
county. 

Approved— The 16th day of April, A. D. 1903. 
SAML. W. PENNYPACKER. 



July 9, 1901, 
P. L. 612. 



Hunting and 
triippiug of 
game birds 
and animals 
on inclosed 
or cultivated 
lands. 



Trespass. 
Fine. 

Warrant. 



AN ACT 

*Making it wilful trespass to hunt, trap and take 
game birds or game animals upon cultivated 
lands, and providing for the punishment of such 
trespass. 

Section 1. Be it enacted, &c., That on and after 
the passage of this act, any person or persons tres- 
passing on any cultivated lands in this Common- 
wealth, for the purpose of hunting and trapping 
and taking therefrom any game birds or game ani- 
mals, after public notice by the owner, lessee or 
occupant thereof, such notice to be posted on, and 
adiacent to such cultivated lands, shall be guilty 
of wilful trespass, and in addition to the damages 
recoverable by law shall be liable to the owner, 
lessee, or occupant in a penalty not exceeding five 
dollars for each and every such offense. 

Section 2. Any justice of the peace or alderman, 
upon information or complaint made before him, 
by affidavit, of the violation of the provisions of 
this act by any person or persons, is hereby au- 



GAME, FISH AND FORESTRY LAWS. 



23 



thorized and directed to issue his warrant, under 
his hand and seal, directed to any constable or 
warden of the county, to cause such person or 
persons to be arrested and brought before said 
justice or alderman, who shall hear and determine 
the guilt or innocence of the person or persons so 
charged; and if convicted of such wilful trespass, 
shall be sentenced, by such justice or alderman 
to pay a penalty, not exceeding five dollars, to- 
gether with costs, one-half of such penalty shall 
be paid to the owner, lessee or occupant of said 
land and the remaining half to the school district 
of the city, borough or township wherein such of- 
fense was committed; and if the person or persons, 
so convicted and sentenced, shall neglect or refuse 
to pay such penalty and costs, or secure the pay- 
ment thereof within ten days, he or they shall be 
committed to the common jail of the proper county 
for a period not exceeding three months. 

Section 3. If any person or persons, convicted 
and sentenced under the provisions of this act, 
shall feel aggrieved thereby, he or they may appeal 
to the court of quarter sessions of the peace for the 
county in wnich the offense was committed, by 
entering into recognizance, with sureties to be ap 
proved by the justice or alderman, to appear before 
said court; which court shall hear the evidence and 
determine the guilt or innocence of the person or 
persons so charged, and on conviction of the de- 
fendant or defendants charged and a failure to pay 
such penalty and costs imposed by the act, shall 
commit said defendant or defendants to the com- 
mon jail of the county, for a period not exceed- 
ing three months. 

Approved— The 9th day of July, A. D. 1901. 

WILLIAM A. STONE. 



Hearlrg. 



Fine. 



Penalty. 



Appetl. 



Trial. 



*This Is not a game law and is published in this pamphlet 
only as a matter of information to sportsmen. See trespa«i 
.Act on page 24. 



24 



GAME, PISH AND FORESTRY LAWS. 



April 14, 
1905, P. L. 
169. 



Trespass. 



Upon posted 
land. 



Fine and 
penalty. 



AN ACT 

Making it unlawful to trespass upon land posted 
as private property, and providing the penalty 
thereof. 

♦Section 1. Be it enacted, &c., That from and 
after the passage of this act, it shall be unlawful 
for any person wilfully to enter upon any land, 
within the limits of this Commonwealth, where the 
owner or owners of said land has caused to be 
prominently posted upon said land printed notices 
that the said land is private property, and warn- 
ing all persons from trespassing thereon, under 
the penalty provided in this act. 

Section 2. Every person violating the provisions 
of this act shall be liable to a penalty of not ex- 
ceeding ten dollars, together with the costs of 
prosecution, to be recovered before any magistrate 
or justice of the peace as fines and penalties are 
by law recoverable; and, in default of payment 
of said fine and costs, the party convicted shall 
be committed to the county jail of the proper 
county, for one day for each dollar of fine im- 
posed. 

Section 3. All penalties recovered under this act 
shall be paid to the school fund of the district in 
which the trespass was committed. 

Approved — The 14 Lh day of April, A. D. 1905. 
SAML. W. PENNYPACKER. 



April 18, 
1905, P. L. 
201. 



Bpecial 

deputy ga-jae 
protectors. 



♦This is not a game or fish law and is printed !n tliis 
pamphlet only as a matter of information to sportsmen. 

AN ACT 

To provide for the appointment of special deputy 
game protectors, for the Commonwealth of Penn- 
sylvania, and defining their duties and powers. 

Section 1. Be it enacted, &c.. That from and aftei- 
the passage of this act, the Board of Game Com- 
missioners of this Commonwealth shall be empow- 
ered to appoint, at their discretion, competent 



GAINIE, FISH AND FORESTRY LAWS. 



2; 



Qien throughout the: Commonwealth, to be known 
as special deputy game protectors, who in all ways Rights and 
shall possess the rights and powers now given by PO'^^^rg. 
law to game protectors, and be subject to all re- 
quirements and regulations, either of the law or 
of rules of the Board of Game Commissioners, con- 
trolling the action of such game protectors in this 
Commonwealth: Provided, Such special deputy 
game protectors shall in no way be entitled to 
recompense from either the county or Common- 
wealth for services rendered or expenses incurred 
in the perforrr^ance of their duties. 
Approved— The 18th day of April, A. D. 1905. 
SAML. W. PENNYPACKER. 



Proviso. 



AN ACT 

Authorizing the Board of Game Commissioners of 
the Commonwealth of Pennsylvania to establish 
and maintain, within the Forestry Reservations ^^ p' -^ 
of this Commonwealth, preserves fop tJie protec- 451/ * * 
tion and propagation of deer, wild-iurkey, part- 
ridge, quail, woodcock, and wild-pigeons, and 
making an appropriation for the purpose of 
stocking and propagating the same. 

Section 1. Be it enacted, &c., That it shall be 
lawful for the Board of Game Commissioners of 
the Commonwealth of Pennsylvania, by and with 
the consent of the Commissioner of Forestry, to 
establish within the State Reservations public 
game-preserves, for the protection and propagation 
of deer, wild-turkey, partridge, quail, woodcock 
and wild-pigeons, subject to such regulations as 
may be established by the Board of Game Com- 
missioners. 

Approved— The 11th day of May, A. D. 1905. 

SAML. W. PENNYPACKER. 



Game pre- 
serves on 
forest reser- 
vations. 



26 



GAME, FISH AND FORESTRY LAWS. 



April 15, 
1907, P. L. 
73. 



Perpetual 
close season. 



Proviso. 

Notice. 

Proviso. 
Proviso 



Hunting, 
etc. . forbid- 
den. 



Carry of 

fire-arms 

etc. 



Violations. 



AN ACT 

Giving additional protection to the game of the 
State and wild birds, within the limits of "pre- 
serves" created under the provisions of the act 
of May eleventh, one thousand nine hundred and 
five, and under the control of the Board of Game 
Commissioners; and prescribing penalties for vio 
lation of its several provisions. 

Section 1. As amended by the act of June 15, 
1911, P. L. 

Section 1. Be it enacted, &c., That from and 
after the passage of this act, there shall be a per- 
petual close season for game of all kinds and wild 
birds found upon such tracts of land, within the 
Forestry Reseivations of the Commonwealth, as 
may be set apart by the Board of Game Commis- 
sioners, with the consent of the Commissioner of 
Forestry, as preserves or refuges for game and 
wild birds, according to law: Provided, Said tracts 
of land shall be surrounded by a well defined fire 
line, or cleared strip of land, and by at least one 
wire at the boundary thereof, and with notices 
reading, "State Game Refuge: Hunting is Unlaw- 
ful," posted on said boundary at conspicuous 
places: And provided further, That the greatest 
transverse dimension of any of said tracts shall 
not exceed ten miles: And provided further, That 
no such tract set aside as a preserve or refuge, 
shall exceed in area one-half of the total area of 
the tract of land of the Forestry Reservation upon 
which it may be located. 

Section 2. That it shall be unlawful to hunt foi 
or catch or kill or wound or drive, or attempt to 
catch or kill or wound or drive, any animal or 
any wild bird within the limits of such preserve, 
established in the Commonwealth, or for any 
person to carry firearms within the limits of such 
preserve, or to take a dog of any kind upon such 
preserve, or to go either with or without firearms 
upon such preserve, during what is known as the 
open season for game in this Commonwealth. 

Section 3. Each and every person violating any 
provision of this act shall be liable to a penalty 



GAME. FISH AND FORESTRY LAWS. 



of twenty-five dollars for going upon said land 
at a time, for a purpose, or in a manner prohibited 
by this act, or suffer an imprisonment in the com- 
mon jail of the county for a period of one day 
for each dollar of penalty imposed. 

Each and every person violating any of the pro- 
visions of this act, by the killing or wounding of 
game within the limits of such preserve, shall be 
liable to a penalty of one hundred dollars for each 
deer killed oi' wounded, fifty dollai's for each bear 
killed or wounded, and twenty-five dollars for each 
ruffed-grouse, wild-turkey or quail killed or wound- 
ed; or suffer imprisonment in the common jail 
of the county, foi- a period of one day for each 
dollar of penalty imposed: Provided, That nothing 
in this act shall be construed to prevent any 
citizen of this Commonwealth from going upon said 
lands, without firearms, at any time during what 
is known as the close season for game in this 
Commonwealth; or to prevent any member of the 
Department of Forestry, or to prevent any mem- 
ber of the Board of Game Commissioners, or any 
employe of either of these before-named bodies, 
from going upon said lands in any manner, at any 
time, with fiTearms or otherwise, for the purpose 
of fighting fire, .or for any purpose in compliance 
with the requirements of their official duty. 

Section 4. Each and every magistrate, alderman, 
and justice of the peace of this Commonwealth 
shall have the power of summary conviction in all 
matters pertaining to the enforcement of any of 
the provisions of this act; and all actions for vio- 
lation of any of said provisions, excepting where 
the defendant is taken in the act or in a pursuit 
immediately folio ving said act, shall be com- 
menced by affidavit made within one year of the 
time of the commission of such offense. Each and 
every magistrate, alderman, or justice of the 
peace, on com])laint made before him, by the affi- 
davit of any person, of a violation of any of the 
provisions of this act by any person, is hereby au- 
thorized and required to issue his warrant, under 
his hand and seal, directed to any constable, police 
oflficer, game protector, deputy game protector, or 
any other peace officer of the State whose duty it is 
to protect the game or wild birds of the State, and 



Fine aiiil 
penalty. 



Kill jug or 
wounding 
game. 



Penalties. 



Proviso. 



Snmnaary 
conviction 



Affidavit. 



Autboril.v 
given nia;.' 
istrates. 

Warrant. 



2S 

Hearing. 
Convict ion^ 



Dispositloti 
of fines. 



Dnty or 
<;onnty 

treasurers. 



Refusal to 
ronnlty. 



Oommit- 
ment. 

rrnriso. 



GAME, PISH AND FORESTRY LAWS. 

to cause such person to be brought before him, the 
said magistrate, alderman, or justice of the peace, 
who shall hear the evidence and determine the 
guilt or innocense of the person charged. If the 
accused be convicted of such offense, he shall be 
sentenced to pay the penalty prescribed by the 
section violated, together with the costs of suit. 
All penalties collected in cases where the i;rcsecu- 
tor is a game protector shall be immediately sur- 
rendered by the court receiving the same to such 
prosecutor, who in turn shall, as soon as may be, 
either deliver or forward such amount to the sec- 
retary of the Game Commission, who shall de- 
posit the same in the State Treasury, for the use 
of the Commonwealth. Where any other than a 
game protector is the prosecutor, one-half of any 
penalty thus collected shall belong to such prose- 
cutor, and shall be paid to him by the court re- 
ceiving same, and the remaining one-half of such 
penalty shall be forwarded by such court to the 
county treasurer of the county in which the offense 
was committed, together with a statement of the 
cause for which said money was collected. It 
shall be the duty of each county treasurer to keep 
a record of the cause for which said money was 
collected, and to forward the same, at least once 
a month, to the State Treasurer, for the use of 
the Commonwealth. Any defendant refusing to 
pay the penalty imposed, together with the costs 
of prosecution, shall be committed to the common 
jail of the county, for a period of one day for each 
dollar of penalty imposed, unless he shall enter 
into good and sufficient recognizance, with one or 
more sureties, to answer such complaint, on a 
charge of misdemeanor, before the court of quar- 
ter sessions of the peace in and for the county in 
which the offense was committed; which said 
court, on the conviction of the defendant of such 
offense, and upon his failure to pay the penalty 
imposed, together with the costs of prosecution, 
shall commit such defendant to the common jail 
of the county for a period of one day for each 
dollar of penalty imposed: Provided, That any 
person charged with a violation of any provision 
of this act may, at his discretion, sign an acknowl- 
edgment of the offense committed, and pay to the 
duly authorized and sworn game protector, or 



GAME, FISH AND FORESTRY LAWS. 



deputy game protector the penalty in full, as fixed 
by tlie section violated, with costs to that date; 
and the printed receipt which he shall receive 
therefor, and which in all instances shall bear the 
Imprint of the seal of the Board of Game Com- 
missioners and the signature of its secretary, shall 
be evidence of a full satisfaction of the offense 
committed. 

Section 5. A.11 acts or parts of acts inconsistent 
with the provisions of this act are hereby re- 
pealed. 

Approved—The 15th day of April, A. D. 1907. 

EDWIN S. STUART. 



Roceiiit. 



Uopenl. 



AN ACT 

Prohibiting the use of automatic guns, for the 
killing of game or wild-birds within this Com- 
monwealth, and prescribing a penalty for viola- 
tion of its provisions. 

Section 1. Be it enacted, &c.. That from and 
after the passage of this act, it shall be unlawful 
for any person to use what is commonly kno.vn as 
an automatic gun for the killing of game in this 
Commonwealth. Each and every person violating 
any provision of this section shall be liable to a 
penalty of fifty dollars for each offense, or shall 
suffer an imprisonment in the common jail of the 
county for a period of one day for each dollar of 
penalty imposed. 

Section 2. Each and every magistrate, alderman, 
and justice of the peace, within this Common- 
wealth, shall have the right of summary convic- 
tion in all matters pertaining to violation of the 
provisions of this act, and all prosecutions for 
violation of any of its provisions shall be con- 
ducted, and the penalties disposed of, in manner 
and form as is now prescribed by law for violation 
of the game laws of this Commonwealth. 

Approved— The 31st day of May, A. D. 1907. 

EDWIN S. STUART. 

This act is constitutional and is the law. See 
opinion Superior Court case of Commonwealth vs. 



May 31 , 
1907, r. J. 



Automatic 
mills. 

Killing of 
game. 

Violations 

IN-nallv. 



Siunm.ii \ 
r-iinvictiuii. 



30 



GAME, FISH AND FORESTRY LAWS. 



Thos. W. McComb, No. 148 October term 1908. 
Superior Court of Pennsylvania. Appealed from 
Delaware county. 



39, Pa. 

Court 377 
let. 



Superior Court 
citation pages 



411; 227 Pa. Supreme 
of this pamph- 



Hunting or 
j^hooririg on 
Sunday pro- 
hibited. 



Oppn fl(«8on. 



Close ^f-x- 
son. 



"rersoii" 
ilellned. 



Singular 
and plural. 

Gender. 



AN ACT 

To provide for the protection and preservation of 
game, game-quadrupeds and game-biids, and 
song and insectivorous and other s\ ild birds, and 
piescribing penalties for violation of its several 
provisions. 

Section 1. Be it enacted, &c., That there shall 
be no hunting or shooting on the lirst day of the 
week, called Sunday, and any person offending 
against the provisions of this section shall be liable 
to a penalty of twenty-five dollars, for each and 
every oifense. 

Section 2. That the time during which game of 
this Commonwealth may be legally taken, killed, 
caught, or tiapped shall be kuovn as the open 
season, and the time during which game may not 
be legally taken, killed, caught, or trapped shall 
be known as the close season, for game in this 
Commonwealth; and in the designation of seasons 
and other peiiods under this act, and under all 
other laws of this State for the protection of game, 
such open season or period shall include the first 
day of date mentioned in the designation, but shall 
not include the last date mentioned. 

Section 3. Whenever in this act the word per- 
son is used, such word shall be taken to include 
every pei'son, firm, partnership, institution, asso- 
ciation, or corporation, or the agent or agents 
thereof. All words or terms in this act which 
refer to persons or individuals, and which are in 
the singular number, shall be taken to include the 
plural number, and the words of the plural number 
shall include the singular number. All words of a 
masculine gender shall be taken to include the fem- 
inine gender. 



GAME, FISH AND FORESTRY LAWS. 81 

Section 4. Whenever, because of a violation of „. . _ 
any provision of this act, a person shall be con- Jy^ re^n^Sli 
victed for a first offense and a penalty be imposed to pay. 
and the defendant shall neglect or refuse to im- 
mediately pay said amount together with the costs 
of prosecution, in lawful money of the United 
States, he shall be at once committed to the com- 
mon jail of the county for a period of one day for p ,. 
each dollar of penalty imposed, unless he shall '^^• 

enter into good and sufficient recognizance to pay Bai]. 
said penalty and costs within a period of ten days 
after the date of his said conviction, or shall certio- 
rari the proceedings, or shall carry the case to a ^ , 
higher court on appeal, as provided foi- in this act. 
For the second or any other offense, the defendant subsequent 
shall, in addition to the penalty prescribed for the offense, 
first offense, suffer an imprisonment of one day 
in jail for each dollar of penalty imposed: Pro- porfeitup^ 
vided. That in every case of a conviction for vio- 
lation of any provision of this act, wherein a de- 
fendant suffers imprisonment in lieu of a cash pay- 
ment of the penalty imposed, all traps, guns, 
shooting paraphernalia, boats, decoys, and other 
appliances used in violation of the law, and found 
or proven to have been either in possession or un- 
der control of the defendant at the time of such 
violation, shall be, and they are hereby, declared 
forfeited to the Commonwealth of Pennsylvania, 
and shall be sold unde/ the direction of the Board 
of Game Commissioners: and the money thus se- 
cured^ be applied by them, first, to the payment of 
the costs incuned, and the balance be deposited 
with the State Treasurer, lor the use of the Com- 
monwealth. The defendant being entitled to a 
credit of one day off his imprisonment for each 
dollar so deposited for the first offense only. 

Section 5. The following shall be considered 
game-birds in this Commonwealth: The Anatidae, 
commonly known as swan, geese, brant, and river 
and sea-ducks, and the Pygopodes, known as 
loons and grebes, — the members of these two orders 
being commonly known as wild water fowl, — the 
Rallidae, commonly known as rails, coots, mud- 
hens and gallinules; the Limicolae, commonly 
known as shore-birds, plovers, surf-birds, snipe, 
wood-cocks, sand-pipers, tattlers, and curlews; the 



32 



GAME, FISH AND FORESTRY LAWS. 



Where pro- 
visions of 
act shall 
not apply. 



When penal- 
ties shall 
not attach. 



Granting of 
certificates. 



Ordinary 
certificates. 



Gallinae commonly know as wild-turkeys, grouse, 
pheasants, partridges and quail; and the birds 
known as dove, reed birds, and blackbirds. 

Section 6. The game laws of this Commonwealth 
shall not be construed to apply to any public zoo- 
logical garden of the State, or to any public insti- 
tution of the State, wherein animals or birds may 
be maintained alive for educational purposes, or 
for the purpose of scientific study or experiment; 
or to the Board of Game Commissionei's of this 
State, or to its duly authorized agent or agents, 
acting for the State; and no laws of this State shall 
be held to pi^event the Board of Game Commis- 
sioners, thi'ough its duly authorized agent, from 
destroying birds or animals destructive of game, 
in such manner as they may direct. Nor shall the 
penalties as attached to any game law of this Com- 
monwealth be construed to apply to the agent of 
any public school or museum, legally acting under 
the provisions of a certificate issued by the Board 
of Game Commissioners, authorizing the holder 
thereof to take birds, their nests and eggs, for 
strictly scientific study, as provided for in this 
act, in which case the holders of such certificates 
shall be limited to the rights and privileges there- 
in named. The said Board of Game Commissioners 
shall be empowered to grant certificates, at their 
discretion, to the agent of any public museum in 
this Commonwealth, or to a teacher of ornithology 
in any school within this Commonwealth, author- 
izing the holder thereof to take birds, their nests 
and eggs, for strictly scientific study or for mount- 
ing, or to any other person, or for propagation 
purposes, within the State, in accordance with the 
following provisions: A certificate to be known 
as an ordinary certificate, may be granted by the 
Board of Game Commissioners to any properly ac- 
credited person and legally authorized to act as 
the agent of any public museum, or to the teacher 
of ornithology in any school, within the Common- 
wealth, residing in this Commonwealth, permit- 
ting the holder thereof to collect wild birds other 
than game birds, their nests and eggs, within this 
Commonwealth, for strictly scientific study and 
mounting, but not for sale or exchange, or ship- 
ment from or removal out of this Commonwealth^ 



GAME. FISH AND FORESTRY LAWS. 



33 



without the writien consent of the president of the 
Board of Game Commissioners. The number of 
birds that ma> be taken under a cerrilicate of tbis 
character shaJl be limited to eight of eacli species, 
with nests to the number of two, and the eggs 
found therein. In order to secure this certiHcate, 
the party desiiiiig the same shall file .vith the sec- 
retary of the Boa id of Game Commissioneis, at 
Harrisburg, a petition asking tliat sucii privilege 
be granted him. Each and every peison desir- 
ing to practice taxidermy for profit, witiiin this 
Commonwealth, shall, before beginning su. h piac- 
tice, secure tio;M the secretary of the 15oaid of 
Game Commissioners of this State a certificate au- 
thorizing liini TO act thus; and the possession of 
such certificate siiall authorize such person to re- 
ceive from persons who have legally r;ikHn the 
same, within the Commonwealth, the skin, or any 
part theieof, of any birds or animal found within 
the Common ealth, and to tan oi' cure ..i mount 
the same, either himself or through any legirimate 
employe; and to fan or cure or mouni the sKin, 
or any pait then^of, of any game-; iid or ga rue- 
animal, legally l;illed by himself or given to him 
by anyone who has legally killed the same and 
to sell such mounted specimen, only after written 
permission to so do has been procured from the 
president of the Board of Game Commissioners of 
this Common > pair h: Provided, The hohh" of a 
certificate authorizing the practice of taxidermy 
shall be lequiied. before a second or any other- cer-- 
tificate shall be issued to him, to file with the 
secretary of the Board of Game Commissionets, at 
Harrisburg, an itemized statement in writing, un- 
der oath, of all skins or parts thereof, eit'ier of 
game-birds or game-animals, killed by himself or 
presented to him, and sold by him under rhe pro- 
visions of his cer-tificate, with the nanin and place 
of residence of the person from whom rhe same 
were received; and shall also answer tt-nThfuIly 
and without evasion any question relarive to vio- 
lations of the game-laws of the State, by any per- 
son other than himself, that may be asked him by 
an officer of the said Board of Game Corrrmission- 
ers of this Common -ealth. A failur-e to so repbi-t 
or to answer the questions asked under- rhe pro- 

3 



LimitatloJis. 



I'etition. 

Taxidermy 
for profit. 



Certificates. 



[Proviso. 



Report. 



34 



GAME, FISH AND FORESTRY LAWS. 



Fee. 



Special cer- 
lifteate. 



Condition of 
issue. 



Violations. 



Penalty. 



Forfeit. 



Term of 
certificate. 



Propagating 
certificate. 



visions of this section, shall be considered a just 
cause for refusal, upon the part of the Board of 
Game Commissioners, to renew the certificate of 
any taxidermist in this Commonv^ealth. The be- 
fore-mentioned petition shall be accompanied by 
the written statement of at least two well known 
citizens of the community in which said applicant 
may reside, certifying to the good character and 
fitness of said applicant to be entrusted with said 
authority. Said applicant shall pay to the secre- 
tary of said board the sum of one dollar for such 
certificate. 

A certificate, to be known as a special certificate, 
to take birds for strictly scientific study, may be 
issued by the Board of Game Commissioners, and 
shall be controlled by the same conditions and re- 
quirements as the ordinary certificate, excepting 
that such certificate may be issued only to a per- 
son of known scientific attainment in ornithology; 
in which case the holder thereof shall be author- 
ized to take the wild birds and animals of this 
State, without limitation, for strictly scientific 
study or experiment, but not for sale or exchange, 
or shipment from or removal out of the State, 
without the written permission of the president of 
the Board of Game Commissioners. Persons hav- 
ing a certificate, and taking a greater number of 
birds, nests or eggs than is permitted by this act, 
or the shipping of the same out of the State, or the 
sale of skins or parts tnereof, either mounted or 
otherwise, excepting as herein provided, or in any 
manner violating any provision of this act, shall 
be subject to the penalities prescribed by existing 
law, in the same manner and to the same extent 
as though no certificate had been issued. Upon 
the conviction of the principal, therein named, of 
having violated any of the provisions of this sec- 
tion relative to either of these certificates, the cer- 
tificate becomes void. Such certificate shall be in 
force for a period of one year from the date there- 
of, and shall not be transferable. 

Section 7. A certificate, to be known as a prop- 
agating certificate, may be issued by the Board 
of Game Commissioners to any accredited person 
of this Commonwealth, of the age of twenty-one 
years or upwards, permitting the holder thereof 



GAME, FISH AND FORESTRY LAWS. 36 

and his assistants to breed or raise game-quadru- 
peds or game-birds of any kind in this Common- 
wealth, both or either, and to sell the same alive 
for propagating purposes, or to sell the dead bodies 
of game-quadrupeds for profit, under the following 
restrictions and regulations: Any person or cor- 
poration or association desiring to operate a propa- 
gating plant for game, in this Commonwealth, 
siiall file with the secretary of the Board of Game 
Commissioners, at Harrisburg, a petition asking petition 
for this privilege. In all cases where the premises 
intended to be used for this purpose are under the 
control of a company or association, the petition 
shall bear the name of the president of such body, 
and the certificate shall be issued in his name. 
This petition shall be accompanied by a written 
description of the premises to be used for such pur- 
pose, with its location. Which said premises, for 
the purpose of this act, in the matter of the rais- 
ing of small game, may be in such form as to the 
operator thereof seems best suited to his purposes. 
But in the matter of the raising of deer or other 
large game, the preserve shall in all cases be sur- 
rounded by a wire fence, of approved pattern for I'reaervei. 
game preserves, with a height of not less than 
eight feet, so constructed and maintained as to ab- 
solutely prevent wild deer from jumping into said 
preserve or in any manner passing into said pre- 
serve from the outside. It being also distinctly 
understood, that before the fence surrounding any 
preserve of this character shall be completed or 
closed, all wild deer that may be found upon said 
territory be, as far as possible, driven therefrom 
by the ov/ner of such lands, under the direction 
and supervision of an officer of the Game Commis- 
sion. 

The certificate herein provided for shall be good Term of cer- 
for one year from the date thereof, and shall be tificate. 
transferable only at the discretion and under con- 
ditions that may be prescribed by the Board of 
Game Commissioners. The bond hereinafter pro- 
vided for shall be forfeited to the Commonwealth, Forfeiture, 
and the certificate to become void, upon the con- 
viction of the principal, therein named, of having 
violated any of the provisions of this section, or 
having knowingly or negligently permitted any 



36 



GAME. FISH AND FORESTRY LAWS. 



Fee. 
Boud. 



Record shall 
be kept. 



Annual 
statement . 



one to violate any of the game laws of this Com- 
monwealth, on said premises. 

Upon notification of the favorable consideration 
of this petition, by the Board of Game Commis- 
sioners, the applicant shall pay to said secretary, 
for the use of the Commonwealth, the sura of one 
dollar, and file a duly executed bond, pioperly se- 
cured, in the sum of five hundred dollars, con- 
ditioned for the faithful keeping, upon the part 
of the principal therein named and his employes 
upon said premises, of all of the provisions of this 
section and all other game-laws of this State. He 
shall keep, as nearly as possible, a just and true 
account, in a book to be kept for that purpose 
only, of all game raised on said premises; a just 
and ti-ue account of all game brought to said prem- 
ises from outside of the preserve, the number of 
birds or animals, with the time they weie received, 
the place from whence they were shipped, and the 
name of the shii)per. He shall keep a strict ac- 
count of all game sold, its character, the number 
of birds or quadiupeds. the time and manner of 
shipment, with the name and address of the pur- 
chaser; and shall file with the secretai-y of the 
Board of Game Commissioners, at Harrisburg, 
an itemized statement from the before-named book 
account, at the close of every twelve months, be- 
ginning with the date of the certificate Data thus 
collected by the Board of Game Commissioners 
shall be held strictly confidential, and shall be 
used by said boaid only for the purpose of satis- 
fying themselves that the law relative to this sub- 
ject is being obeyed within said preserve, or as 
evidence in cases where they are satisfied the law 
is not being obeyed. This book, together with the 
premises described and all game thereon, shall be 
open to inspection upon demand of any member 
of the Board of Game Commissioners of this State, 
or of its secretary, or to any game protector, upon 
the piesentation by such game protector of written 
instructions from the secretary of the Board of 
Game Commissioners, directing him to thus in- 
spect such plant; and the refusal of any person 
holding a propagating certificate to permit such 
inspection by any of the officers above named, or 



GAME, FISH AND FORESTRY LAWS. 



87 



the neglect or refusal upon the part of said holder 
of such certificate to comply with the reasonable 
request of the secretary of the Boaifi of (iame 
Commissioners, in any matter pertaining to said 
plant in which the said board has a legal right to 
be heard, shall be sufficient cause for lefusaJ upon 
the part of said board to renew any propogation 
certificate in this Commonwealth. All boxes or 
crates, or packages of any description, in which 
small game may ue shipped oi it;iiiuv«a 1 1 oiii &aid 
premises, shall, before removal therefiuin, have 
attached thereto a card, to be supplied by the 
Board of Game Commissioners, upon which shall 
be plainly w ritten, in the blank spaces left for that 
purpose, the name and address of the purchaser, 
with the contents of the box, crate oi' package: 
Provided, That where deer, or any animal classed 
as large game in this Commonwealth, shall be 
raised in a preserve, under the provisions of this 
section, they may be sold or given away, and 
shipped alive fiom said enclosure for propagating 
purposes, at any time of the year, of either sex, and 
in any number, when properly marked; and may 
be killed within said enclosure, for sale or gift 
without regard to sex or numbers, only during the 
open season for wild deer within the Common- 
wealth, and for thirty days thereafter; and may 
be shipped from said preserve, and sold anywhere 
within the Commonwealth during the open season 
for deer witin the Commonwealth, and for thirty 
days thereafter, under the following restrictions: 
Before any deer, or large animal rlassed as large 
game in this Commonwealth, shall be removed or 
shipped from any propagating plant within this 
Commonwealth, there shall first be attached to 
either the crate or box in which the animal is 
shipped or to the animal itself, a tag or marker, 
in such form as may be decided upon by the Board 
of Game Commissioners of this Commonwealth, 
which said tag or marker shall be supplied by said 
Board at cost, upon demand made by any person 
legally opeiating a propagating plant within this 
Commonwealth. These tags or markers shall be 
issued in duplicate, and it shall be the duty of any 
person raising and selling, or shipping, such deer 
or large game animal, to attach to either the crate 



Boxea, 
crates, ett. 
shall be 
tagged. 



Proviso. 

Deer and 
large gam«. 



Killing and 
sijipixtent. 



Re&trletlon» 



Tag or 
marker. 



Attachment 
of tag:. 



36 



GAME, FISH AND FORESTRY LAWS. 



Forwarding 
of duplicate. 



Forwarding 
of tag. 



Failure ti 
comply. 



Penalty. 



Unlawful 
removal or 
mntilation 
of tag. 



Penalty. 



Dnlawful 
ase of tag. 



or box in which a live animal is shipped, or to 
the body of a dead animal raised in such preserve, 
one of these tags or markers, and to forward the 
duplicate thereof at once to the Board of Game 
Commissioners, at Harrisburg. The tag or marker 
so attached to either crate or box or animal, shall 
remain thus attached until the living animal is 
released from the crate or box, or the dead body 
of the animal is cut up for retail purposes or final 
consumption; after which the tag or marker shall 
be removed from the crate or box, or remainder of 
the carcass, by the person finally disposing of the 
animal, and shall be at once forwarded to the 
Board of Game Commissioners, at Harrisburg, 
Each and every person failing to comply with the 
requirements of this section, in the matter of at- 
taching tags or markers before shipment of ani- 
mals, shall, upon conviction, be sentenced to pay 
a penalty of one hundred dollars for each offense. 
And each and every person failing to comply with 
the requirements of this section, in the matter of 
returning to the Board of Game Commissioners 
the tags so affixed, shall, upon conviction, be sen- 
tenced to pay a penalty of ten dollars for each 
offense. 

Section 8. It shall be unlawful for any person 
within this Commonwealth to wilfully or wantonly 
remove or mutilate or destroy any tags or marker 
so affixed to any crate or box or animal in com- 
pliance with the requirements of this act, at any 
time or at any place, within the Commonwealth, 
except as designated by this act, or by authority 
of the consignor or consignee of such game, or of 
some officer of some court of this Commonwealth, 
or of some game protector of the Commonwealth. 
Each and every person violating any provision of 
this section shall, upon conviction thereof, be sen- 
tenced to pay a penalty of fifty dollars for each tag 
or marker wantonly removed, mutilated or de- 
stroyed. . 

Section 9. It shall be unlawful for any person 
within this Commonwealth to wilfuly use any such 
tag or marker, prescribed by this act, for the pur- 
pose of protecting or carrying game of any kind 
killed outside of licensed preserves within this 
Commonwealth, or for the purpose of protecting or 
carrying a second shipment of game from any 



GAME, PISH AND FORESTRY LAWS. 



•id 



such licensed preserve within this Commonwealth. 
Each and every person convicted of such offense 
shall be sentenced to pay a penalty of one hundred 
dollars for each tag used in violation of the pro- 
visions of this section. 

Section 10. It shall be unlawful for any person 
within this Commonwealth, except as provided for 
in this act, to at any time shoot at, wound, or 
take, or kill any wild bird other than a game-bird, 
or to have such bird or any part thereof in posses- 
sion or under control, within this Commonwealth; 
or to offer or expose the same for sale; or to trans- 
port or ship or remove, or attempt to transport or 
ship or remove, from this Commonwealth, any such 
bird or any part thereof, protected by the laws of 
this Commonwealth; or to have in possession or 
under control, or to sell or to offer to sell, within 
this Commonwealth, either living or dead, any 
wild birds other than a game-bird, that has been 
brought into this Commonwealth from another 
State or country, that is of a kind found in a wild 
state in this Commonwealth. Whoever shall vio- 
late any provision of this section shall be liable to 
a penalty of ten dollars for each bird shot at, 
wounded or killed, taken, or had in possession, or 
sold, offered for sale, transported, shipped, or re- 
moved, or attempted to be transported, shipped, 
or removed out of this Commonwealth, or for any 
part thereof, in any manner held for a purpose con- 
trary to the provisions of this act: Provided, how- 
ever. That the blue-jay, the English sparrow, the 
European starling, the kingfisher, the shrike, the 
eagle, buzzard, the osprey, sharp-shinned hawk. 
Cooper's hawk, goshawk, duck hawk, pigeon hawk, 
the great-horned owl, barred owl, the crane, the 
heron, the bittern, the crow, and the ra^'en shall 
not be protected by any law of this Common- 
wealth, and may be killed at any time; and that 
nothing in 'this act shall prevent the possession or 
sale alive, within this Commonwealth, of either 
game-birds or game-animals that have been im- 
ported for propagating purposes; or to prevent at 
any time the purchase or sale within this State, 
or the shipment out of the State, of the living 
bodies of English, Mongolian or Chinese pheasants, 
or of Belgian hare, raised in captivity, that are 



Penalty. 



Wild birds 
other than 
game-birds. 



Killing, 
wounded , 
shipment or 
possession 
of, etc. 



Penalty. 



Uupiotected 
birds. 



Imported 
game birds, 
etc. 

English, 
Mongolian or 
Chineses 
pheasants, 
and Belgian 
liare. 



40 



GAME, FISH AND FORESTRY LAWS. 



Unlawful 
importation. 



Penalty. 



Nests and 
eggs. 



Penalty. 



Open season. 
Woodcock. 



shipped fi om such place of confinement without 
being tiisl released or set at liL^erty in the Com- 
moijvvealui; or to prevent the possession of the 
tanned skin, or any part thereof, ol any wild bird 
or aiiiinal legally taken in this Commonwealth, or 
brought into tuis Commonwealth fiom any other 
State or country, from which me same was legally 
imported. 

Section 11. It shall be unlawful for any person 
to taring, or in any manner to have transported, in- 
to this Commonwealth, from any other State or 
count ty, any living specimen, or any egg thereof, 
of the bird knoun as the European starling, or any 
other biid or any living animal the importation of 
which is prohibited by the National Secretary of 
Agi icultuie, under the provisions of what is known 
as the Lacey Bill, or of any other law of this 
Nation, oi to release within this Common vvealth 
any fox, wild-cat, mink, or weasel, biought into 
this State from another State. Wlioever shall vio- 
late any of the provisions of this section shall be 
sentenced to pay a penalty of fifty dollars for each 
bird Ol egg or animal so imported or brought into 
this State. 

Section 12. Excepting as provided in this act, no 
peison v\ithin this Commonv\ealth shall take, or 
have in possession or under <outrol, either the 
nest, or any egg found therein, of any wild bird, 
either game oi- otherwise piotected by the laws of 
this Common . ealth, or shall wantonly interfere 
with 01' destroy any such nest or egg. Whoever 
shall offend against any of the provisions of this 
section shall be sentenced to pay a penalty of ten 
dollars for each nest of a wild bird, other than 
a game-bird, either interfered with or wantonly 
destroyed; and shall be sentenced to pay a penalty 
of fifty dollars for each nest of a game-bird either 
v^antotily interfered with or destroyed. 

Section 13. It shall be unlawful for any person 
in this Commonwealth, excepting as provided for 
in this act, to take or kill or wound, or have in pos- 
session, either living or dead, any game-bird or 
game-animal, or any part of such biid or animal, 
protected by this act. The open season for wood- 
cock shall be from the first day of October to the 
first day of December of each year; open season 



GAME, FISH AND FORESTRY LAWS. 



41 



for ruffed grouse, English or Chinese pheasant, 
wild-turkey nnd quail altered by Act June 3rd, 
1911. Page 58. 

The open season for quail shall be from the 
fifteenth day of October to the fifteenth day of 
November of each year. Provided, That no Hun- 
garian quail shall be killed, wounded or shot at, 
in this Commonwealth, for a period of two years 
after the date of this act. Whoever shall shoot at, 
or take, or kill any of the birds named in this 
section, during the closed season for such birds, 
shall, upon conviction, be sentenced to pay a pen- 
alty of twenty-five dollars for each bird shot at, 
killed, or wounded contrary to the provisions of 
this section. 

The open season for quail as above fixed, applies 
only to Hungarian quail. The season for Native 
quail or Virginia partridge being changed by Act 
of June 3rd, 1911. Page 58. 

Section 14. The open season for upland or grass 
plover, within this Commonwealth, shall be fiom 
the fifteenth day of July to the first day of De^ em- 
ber of each year. The open season for rail, coot, 
or mud-hen, dove, reed-bird, blackbird, san.jpiper, 
tattler, curlew, or any other shore bird, shall be 
from the first day of September to the first day of 
January next following. The open season for 
Wilson or jack snipe shall be from the first day of 
September to the first day of May next following. 
The open season for all kinds of birds known as 
wild water-fowl shall be from the fiist day of Sep- 
tember to the tenth day of April next follo^' ing. 
During which time such wild water-fo'^1, of all 
descriptions, and other birds named in this section 
may be killed without limit. Whoever shall shoot 
at, take, kill, or wound any of the birds named 
in this section, during the close season for such 
birds, shall, upon conviction, be sentenced to pay 
a penalty of ten dollars for each bird thus shot at, 
taken, killed, or wounded, contrary to the pro- 
visions of this section. 

Section 15, As Amended bv the Act of April 6th, 
1911. P. L. 49. 

Section 15. It shall be unlawful to shoot or 
Injure, or to hunt for or to kill, any of the game- 



ProTlso. 

Violations. 
Penalty. 



Open season 

Grass plov- 
er rail, 
coot, or 
miul-hen, 
dove, reed- 
birfl, black- 
bird, sand- 
piper, cur- 
lew, etc. 

Snipe. 

Wi)d water- 
fowl. 



Violations. 
Penalty. 



42 



GAME, FISH AND FORESTRY LAWS. 



Night hunt- 
ing. 

"Night" 
defined. 



Killing ex- 
cept with 
gun. 

Traps snares 
and other 
devices. 



Fixceptions. 

Violations. 
Penalty. 
Proviso. 
Bear-pen. 

Penalty. 



Unlawful 
use of water 
craft. 



birds protected by this act, during the night time. 
And the word "night" shall be construed to mean, 
that time beginning one hour after sundown and 
extending to one hour before the next sunrise 
following. Or to kill game of any kind within this 
Commonwealth, excepting through or by the use of 
a gun such as usually raised at arm's length and 
fired from the shoulder. And no person, excepting 
as provided for in this act, shall at any time set, 
lay, or prepare, or use, any trap, snare, net, bird- 
lime, swivel-gun, deer-lick, pitfall, turkey blind, 
turkey call or pen, or to make use of any artificial 
light, battery, or other deceptive or contrivance 
or device whatever, with intent to catch, take, in- 
jure, or kill any of the game-birds or game-animals 
in any of the sections of this act mentioned. Ex- 
cepting that decoys and blinds may be used in 
hunting wild water-fowl, and that rabbits may be 
taken through the use of box traps, and that bear 
may be taken through the use of pens. Whoever 
shall offend against any of the provisions of this 
section shall be liable to a penalty of fifty dollars 
for each and every offense so committed: Pro- 
vided, That every person who shall set a bear-pen 
shall visit such pen at least once in every forty- 
eight hours, unless prevented by sickness or storm. 
Any person violating this provision shall be liable 
to a penalty of ten dollars for each day he neglects 
or fails to visit such pen after the lapse of forty- 
eight hours from the time of his last visit, or, in 
lieu thereof, shall suffer imprisonment in the 
county jail for a period of one day for each dollar 
of penalty imposed. 

Section 16. It shall be unlawful to hunt for or 
pursue, or to follow after, with intent to kill, any 
wild water-fowl protected by law, within this Com- 
monwealth, from or with, or through the use of, 
any craft propelled by any means other than oars, 
pole, or hand-paddle. Any person using a craft 
or boat for such purpose, other than one propelled 
by oars, pole, or hand-paddle; or the captain or 
owner, or other person in charge, of such boat or 
craft, who shall allow or knowingly permit the 



Note: See Sec. 2 of Act of June 15th, 1911, page — , for- 
bidding sliooting at wild fowl before sunrise of any day. 



(JAxME, FISH AND FORESTRY LAWS. 43 

same to be used contrary to the provisions of this 
section, while he is on board, shall be liable to the 
penalties herein imposed. Each and every person 
who shall violate any of the provisions of this sec- Penalty 
tion shall be sentenced to pay a penalty of fifty 
dollars per day, for each day on which any for- 
bidden craft or boat may be used to hunt or pur- 
sue, or to follow after, with intent to kill, wild 
water-fowl; and ten dollars for each other con- 
trivance or device set, placed, or carried contrary 
to the provisions of law. 

Section 17. It shall be unlawful for any person 
to catch, take, or kill in any one day, in this 
Commonwealth, more than five ruffed-grouse, woodcock 
commonly called pheasant, or more than ten wood- etc. ' 
cock, or more than ten English, Mongolian, or 
Chinese pheasant; or more than twenty of either 
of the above kinds in any one week, or more than ^"°". 
fifty of any of the aforesaid kind in any one sea- 
son; or more than five Hungarian quail in any one Pimigarian 
day, or more than twenty in one week, or more quaii. 
than thirty in any one season; or more than ten 
quail, commonly called Virginian partridge, in any q„j^ji ^p 
one day, or more than forty of such birds in any Virginia 
one week, or more than seventy-five thereof in any partridge. 
one season; or more than one wild-turkey in any 
one day, or more than two wild-turkeys in any one ^viia-turkey 
season, counting each week as beginning on Mon- 
day morning and ending the Saturday night fol- 
lowing; or to have in possession at any one time, 
within this Commonwealth, more than the number 
above limited for the season, if the same had been 
caught, taken or killed within this Commonwealth. 
Each and every person violating any provision of violations 
this section shall, upon conviction, be sentenced to 
pay a penalty of twenty-five dollars for each bird 
killed or had in possession contrary to its pro- Penalty, 
visions. 

Section 18. It shall be unlawful for any person 
to shoot at, or take or kill or wound or attempt to Deer, 
take or kill or wound, any deer in this Common- 
wealth, except from the fifteenth day of Novem- 
ber to the first day of December of the same year, ^''^° ^^*^'*°' 
or to kill in any one season more than one deer, 
which in ever instance shall be a male deer, with Limit, 
horns visible above the hair: or to have a deer so 



44 



GAME. FISH AND FORESTRY LAWS. 



ProTlio. 



Tioiatloua. 
?«njilty. 



9mt U 
itreame , 

poHilB ; etc 



Sk)g«. 



F«nalt7. 



ileckabot. 



killed or taken, or any part thereof, in possession, 
except during said open season and for thirty days 
thereafter: Provided, That the possession of the 
dead body of a deer, or any part thereof, shall, 
unless the head, bearing horns, be attached there- 
to, or unless said head, bearing horns, shall be 
immediately produced upon demand made by any 
officer of the Commonwealth whose duty it is to 
protect the game of the State, in all instances, be 
prima facie evidence of a violation of the pro- 
visions of this act, and shall render the person in 
whose possession or under whose contiol the same 
may be found, or who may be proven to own the 
same, liable to a penalty of one hundred dollars 
for each offense. Each and every person violating 
any provision of this section shall be sentenced to 
pay a penalty of one hundred dollars for each 
offense. 

Section 19. It shall be unlawful for any person, 
at any time, to shoot at, or to kill, wound, or 
capture, any deer in the waters of any of the 
streams, ponds, or lakes within this Common- 
wealth ; or for any person to make use of a dog in 
hunting deer within this Commonwealth; and the 
fact that a dog of any description shall be taken 
into the woods, or shall be had in possession or 
under control in the woods, or shall be cared for 
or harbored, or permitted to remain with any in- 
dividual, or in the camp of any person or persons, 
who may go to hunt during the open season for 
deer in this State, shall render each person in 
whose caie or under whose control the dog may 
be outside of the camp, and each person in said 
camp, liable to the full penalty prescribed by law 
for the unlawful taking or killing of deer within 
this Commonwealth, upon proof duly sworn to, 
that the dog so taken into the woods, or had in 
possession or under control, or harbored, cared for, 
or permitted to remain with any person or in the 
camp of any person or persons, did, within a 
radius of ten miles from said camp, or from the 
point wheiein a dog may be taken by any indi- 
vidual, run after, pursue, or follow upon the track 
of any deer or fawn for a distance of one hundred 
yards. It shall be unlawful for any person to 
make use of what is known as buckshot in hunt- 



GAME, FISH AND FORESTRY LAWS. 



4» 



ing deer within this Commonwealth; or to kill or 
wound, or attempt to kill or wound any deer with- 
in this Commonwealth, by or with or through the 
use of a gun propelling or emitting more than one 
pellet, bullet, or ball, at such deer, through a single 
discharge. Any person violating any of the pro- 
visions of this section shall be subject to the 
penalities provided by this act for the unlawful 
taking or killing of deer during the closed season. 
The game laws of this Commonwealth shall not 
be held to apply to elk. 

Section 20. Any dog pursuing or following upon 
the track of a deer or fawn within this Common- 
wealth is hereby declared to be a public nuisance. 
Such dog may be killed by any person, when seen 
pursuing or following upon the track of a deer or 
fawn within this Commonwealth; or by a game- 
protector, deputy game-protector, game-warden 
forestry-warden, or any other officer of the State, 
whose duty it is to protect any of the game of the 
State, upon affidavit being made by one or more 
persons acquainted with the facts, before an officer 
authorized to administer oaths, that said dog is in 
the habit of, or has been seen or heard running 
upon the track of or pursuing any deer or fawn In 
this Commonwealth, within a period of one year 
from the date of such affidavit. The owner of a 
dog thus killed in conformity with the law, or 
proven to have pursued a deer for the distance of 
one hundred yards or more within this Common- 
wealth, shall be liable to a penalty of twenty-five 
dollars for each deer or fawn pursued, and fifty 
dollars for each deer or fawn killed or caused to be 
killed, by such dog running at large, v.ithout aid 
or direction of its master. Where the owner of a 
dog shall neglect or refuse to take care of his dog, 
after notice in writing from an officer of the State, 
whose duty it is to protect the game of the State, 
to the effect that the dog in question is in the habit 
of pursuing deer, he shall be liable to double the 
amount, as fixed above, for the first offense, such 
penalty to be recovered as are other penalties im- 
posed by this act. 

Section 21. Any dog, off land controlled by the 
owner of such dog, pursuing or following upon the 
track of any game-quadruped, such as hare or 



Goiis. 

VlolttlOM. 

Penalty. 
Elk. 



Doirs rna 
nlng deer 



KIlllDf ot. 



Owner'* 11* 

bir.ty. 



Notice tf 
owner. 



Donble p^w 
alty. 



Dogs pnrss- 
ing gam* 
or wild 
birds. 



46 



GAME. FISH AND FORESTRY LAWS. 



Public nuis- 
ance. 

Killing of. 



Collar and 
name-plate. 



Pursuing 
small game. 

Killing of 
dog. 



Proviso. 
Training. 



Selling, of- 
fering foi- 
sale, etc. , 
of certain 
game-birds 
or game 
animal,*. 



rabbits, and known as small-game, or following 
upon the track of any game-bird or other wild bird 
protected by existing law, during what is known 
as the closed season for such animal or bird in this 
Commonwealth, is hereby declared to be a public 
nuisance; and may be killed by the owner or lessee 
of land whereon it is found, or by any employe of 
such owner or lessee, or by a game-protector, 
deputy game-protector, game-warden, forestr\ - 
warden, or any other officer of the Commonwealtli 
whose duty it is to protect the game of this State, 
when seen upon the track of such game or wild 
bird, unless such dog shall wear a collar having 
attached thereto a metalic tag or plate upon which 
shall be plainly inscribed, in English, the name 
and address of the owner of such dog; and any 
dog thus wearing a collar, inscribed as before 
mentioned, pursuing small game off land controlled 
by the owner of such dog, during what is known 
as the closed season for such game or wild birds, 
may be killed by the owner or lessee of any land 
upon which such dog may be found, or by any em- 
ploye of either the OMner or lessee, or by a game- 
protector, deputy game-protector, game-warden, 
forestry-warden or any officer of the State whose 
duty it is to protect the game of the State, when 
such dog is seen upon the track of such game, after 
notice in writing from that particular person, or 
from the Secretary of the Game Commission, has 
been given to the owner or reputed owner of such 
dog, to the effect that the dog in question is in the 
habit of destroying, or pursuing or following upon 
the track of, game or wild birds, contrary to the 
provisions of this section: Provided, That dogs, 
when accompanied by and under the control of 
their masters, may be trained upon any of the 
living wild-game or birds of this State, excepting 
deer and fawn, from the fifteenth day of August 
to the first day of January next following, so long 
as no injury is inflicted upon said animals or birds. 
Section 22. No person shall at any time buy, sell, 
or expose for sale, or offer for sale, any ruffed- 
grouse, commonly called pheasant; or quail, com- 
monly called Virginia partridge; nor any deer, oi- 
part thereof; which shall have been caught, killed, 
or taken within this Commonwealth. No person 



GAME, FISH AND FORESTRY LAWS. 



47 



Bhall at any time try to sell, expose for sale, or 
offer for sale any ruffed-grouse, commonly called 
pheasant, which shall have been killed, caught, or 
taken outside of this Commonwealth, save only 
during the open season for ruffed-grouse in this 
Commonwealth, and for thirty days thereafter; 
and no person shall at any time buy, sell, expose 
for sale, or offer for sale, any woodcock, or the 
dead body or any part thereof of any wild-turkey, 
or of any Hungarian quail, whether caught, killed, 
or taken within or without this Commonwealth. 
Each and every person violating any of the pro- 
visions of this section shall be liable to a penalty 
of one hundred dollars for each deer or part there- 
of, and twenty-five dollars for each game-bird 
named in this section, or for any part thereof, 
bought, sold, exposed, or offered for sale, or other- 
wise held contrary to any provision hereof. 

Section 23. No person shall have in his posses- 
sion, excepting during the open season therefor, 
and thirty days thereafter, any ruffed-grouse, com- 
monly called pheasant, any English, Mongolian, 
or Chinese pheasants, any quail, commonly called 
Virginia partridge, any wild-turkey, any wood- 
cock, any Hungarian quail, or any other game- 
bird, protected by this act, or any deer, or the 
dead body of any deer or hare or rabbit or squirrel, 
or parts thereof, which shall have been caught, 
killed, or taken within this Commonwealth. Ench 
and every person violating any provision of this 
section shall be liable to a penalty of fifty dollars 
for each deer, and twenty-five dollars for each bear, 
and ten dollars for each game-bird of any kind, pro- 
tected by this act, and five dollars for each hare or 
rabbit, or gray or black or fox squirrel, or for any 
part thereof, which shall have been lawfully taken 
or killed within this Commonwealth, and unlaw- 
fully held contrary to the provisions of this sec- 
tion: Provided, That the owner or owners of 
game preserves '-j Hiis State shall have the right 
to keep living deer and fawn therein at all times, 
to kill the same subject to the laws of this State, 
and to sell or give away the same, under the pro- 
visions of this act; and that all kinds of game 
killed in this Commonwealth, excepting deer, wild- 
turkey, ruffed-grouse, woodcock, quail, commonly 



Penalty. 



Uulawful 
possessiou 
of pheasaut , 
quail, wild- 
turkey 
woodcock, 
deer, boar, 
etc. 



Penalty. 



Proviso. 

Game pre- 
serves. 

Game that 
may be 
bought and 
sold. 



48 



GAME, FISH AND FORESTRY LAWS. 



UUDtiDg, 

for wages 
or hire. 



Penalty. 

Squirrels. 

Open geason. 

Limit, 

llares or 
rabbits. 



Flu I 



Proviso. 

Eed squir- 
rel. 

Lawful kill- 
lug as a 
protection. 



Dsed for 
food or sold. 



Flue. 

Proviso. 

Bear. 



called Virginia partridge, and Hungarian quail 
may be bought and sold within the Commonwealth 
during the open season for such game, and for 
thirty days thereafter. 

Section 24. No person shall capture or kill in 
this Commonwealth any deer, wild-turkey, ruffed- 
grouse, commonly called pheasant; quail, com- 
mon y called Virginia partridge, or Hungarian 
quail or woodcock, for wages or hire, or other 
valuable consideration. Each and every person 
who shall offend against any provision of this 
section sball, upon conviction, be sentenced to pay 
a penalty of twenty-five dollars for each offense. 

Section 25. The open season for gray, black, or 
fox squirrels, in this Commonwealth, shall be 
(Sec. 2. Act June 3, 1911, Page ) and it shall 
be unlawful for any person to kill more than six 
squirrels of the combined kinds in one day. The 
open season for hare or rabbits shall be from the 
first day of November to the fifteenth day of De- 
cember next following, and it shall be unlawful for 
any one person to kill more than ten hare or rab- 
bits in any one day. Every person who shall 
onend against any provision of this section shall, 
uion convu'tion. be sentenced to pay a penalty of 
ten dollars for each animal killed or taken in vio- 
lation of law: Provided, That the pine or red 
squirrel is not protected by this act; and that it 
shall, at all times be lawful for the owner or lessee 
of real estate to kill, or have killed by his legiti- 
mate employe, on his certain premises, in any legal 
manner, any squirrel, or hare or rabbit, as a pro- 
tection to cultivated crops or tiees, but for no 
other reason; and the fact that a squirrel or hare 
or rabbit, so ostensibly killed, shall be used for 
u°r,' ?^' ^°^ P^"^^^ through its sale, by any person, 
shall be evidence conclusive of a violation of the 
protective feature of this section, and .shall render 
the person so killing or using or selling said ani- 
mal liable to the penalty imposed for the unlawful 
killing of rabbits. Each and every person violat- 
ing any provision of this section shall be liable to 
a penalty of ten dollars for each squirrel, hare, or 
rabbit thus unlawfully killed or disposed of. Pro- 
vided, It shall be unlawful to kill, tako or capture 
bear, of any description, save only from the first 



GAME, FISH AND FORESTRY LAWS. 



4y 



day of October to the first day of January next 
following. Each and every person who shall kill, 
wound, take, or capture any bear contrary to the 
provisions of this act shall be liable, on conviction, 
to a penalty of fifty dollars for each bear or cub 
wounded, taken, killed, or captured: Provided, 
That nothing in this act shall be construed to pre- 
vent any person from killing a bear, within this 
Commonwealth, when such animal is inflicting or 
attempting to inflict injury to either the person or 
personal property of any individual within the 
Commonvvealth; or the killing of such bear in a 
pursuit commenced within forty-eight hours after 
the commission of such offense; or at any time 
after the commission of such offense, upon the affi- 
davit of one or more persons to the effect that they 
have reasonable cause to believe that the bear in 
question has committed such offense, or to prevent 
any person from killing a bear, at any time, when 
such animal is found upon his own property and 
within one mile of i;is place of residence. 

Section 26. Excepting as permitted by this act, 
no person shall purchase, sell, or expose for sale, 
or have in his possession for any purpose whatso- 
ever, the dead body or any part thereof, of any 
game-quadruped or game-bird of the kinds enu- 
merated in any section of this act, if the same have 
been caught, killed or taken within this Common- 
wealth, save only during the open season for such 
kinds of game in this State, and for thirty days 
thereafter. Each and every person who shall 
offend against any of the provisions of this sec- 
tion shall be liable to a penalty equal in amount to 
the penalty imposed by this act for the killing of 
such animal or bird during the closed season. 

Section 27. No person within this Commonwealth 
shall hunt or catch or kill, or cause or permit the 
hunting of, hare or rabbits, with or through the 
use of a ferret, under the penalty of twenty-five 
dollars for each ferret so used, and twenty-five 
dollars for 'each hare or rabbit so taken through 
the use of or by the aid of a ferret. And the fact 
that any person shall place a ferret in any hole or 
opening in the ground outside of buildings, in 
which a rabbit might be found, or shall be caught 
in the act of using a ferret in the taking of hare or 



Open ser.BuB 



Proviso. 



Kining out 
of season 



Purchaic, 
sale, etc., 
of dead 
game quad 
rupeds or 
game-bird* 



Penalty. 



FerretB. 

Huntlni 
with. 

Fine. 



60 



GAME, PISH AND FORESTRY LAWS. 



Possession 
or control uf 
ferrets. 



Fine. 



Forfeiture. 



Shipment or 
removal of 
game from 
the State. 



Common 
carriers. 



Penalty. 



Game in 
transit 



rabbits or shall have a ferret in possession or un- 
der control in either the fields or forests or in the 
highways of this Commonwealth, or shall be 
proven to have used a ferret while hunting, or 
shall while going hunting or while returning from 
such a hunt have a ferret either in possession or 
under control, shall render such person liable to 
the penalty of twenty-five dollars for each ferret 
had in possession or under control at that time. 
Any ferret found in the possession or under con- 
trol of a person convicted of violating any pro- 
vision of this section shall be forfeited to the Com- 
monwealth, and shall be immediately killed by the 
officer into whose hands such animal may come. 

Section 28. No person, company, or corporation, 
or the agent or the employe thereof, shall, at any 
time, transport or ship or remove, or cause to be 
transported, shipped, or removed, out of this 
State, any game-animal or game-bird or wild bird 
protected by this act; or shall catch, take, or kill, 
or have in his possession or under his control, any 
of the game-birds or game-mammals or wild birds 
of this State, the killing of which at any or all 
times is prohibited by the laws of this State, with 
intent to allow or aid in the shipment or removal 
thereof out of this State; and, excepting as pro- 
vided for in this act, it shall be unlawful for any 
person railroad company, express company, stage 
driver, or any corporation or person acting in the 
capacity of a common carrier their officers or em- 
ployes, to knowingly receive for transporation or 
transport, or remove, or aid or assist in remov- 
ing, beyond the limits of the State, any of the 
wild birds or game-birds or game-mammals men- 
tioned in this act. Whoever shall offend against 
any of the provisions of this section shall be liable 
to a penalty of one hundred dollars for each and 
every offense: Provided, That nothing contained 
in the laws of this Commonwealth shall be held to 
impose any penalty upon the transporation of 
game in unbroken packages, in transit through 
this State from another State, or to the shipment 
out of the State, at any time, of game legally 
killed or taken in another State, whether the same 
be in original packages or otherwise; and no 
penalty shall attach, in any way, when game 



GAME, FISH AND FORESTRY LAWS. 51 

legally killed in this Commonwealth in delivered, 
in good faith, to an express company or other 
common carrier for transporation from one point 
to another point in this State, and actually de- 
livered at the point of destination within this 
State, if necessarily carried out of this State to 
reach its destination: And provided further. That Proviso, 
any non-resident licensed hunter may take with 
him personally, when leaving the State, any of the 
game mammals or game birds that such licensee 
has lawfully taken or killed in this Commonwealth, 
not exceeding the number that any one person may ^^"i.'^!^^'' 
lawfully take or kill in any one day: Provided, ffke oup 
That no game shall be taken out of this State day's shoot . 
unless accompanied by the owner thereof, and the etc. 
game so shipped shall have attached thereto a tag pioviso 
showing the name and address of the owner and 
the number of his license. 

Section 29. The possession during the close 
season, by any person within this Commonwealth, Possessiuus 
of a living or dead bird or animal of any kind pro- of game 
tected by this act, or the possession of any part ^eas^^u ^ 
thereof, or of the egg or nest or any part thereof 
of any such bird, shall be prima facie evidence that 
the same was taken or held contrary to the pro- 
visions of law, and shall render each person, in 
whose possession or under whose control the sanife 
shall have been found, liable to the penalties im- 
posed for violation of that provision of this act fix- 
ing a penalty for the killing of such bird or animal 
out of season, or of that provision fixing penalties 
for interfering with bird's nests, as the case may 
require. Nests. 

Section 30. It shall be lawful to trap quail, com- 
monly called Virginia partridge, or Hungarian Quail, hip 
quail, from the first day of January to the first day pi"g of. 
of April next following, for the purpose of keep- 
ing them alive during the winter, or for the pur- 
pose of separating a covey to increase the chances 
of propagation, but for no other purpose whatever; 
and quail thus taken shall not be transported from 
one locality to another locality in this State, ex- 
cepting by written permission of the president of 
the Board of Game Commissioners. All birds thus 



52 



GAME, FISH AND FORESTRY LAWS. 



Summary 
oonTiction. 



Aotian 



W i< raut. 



Hetrlnf. 



Penalities. 



UiSlMSltlOO 

of peual- 
t!os. 



taken should he liberated in tlie spring, as soon as 
the weather will permit. 

Section 31. Each and every magistrate, alder 
man, and justice of the peace of this Common 
wealth shall have the power of summary convic 
tion in all matters pertaining to the enforcement 
of any of the provisions of this act; and all actions 
for violation of any of said provisions, excepting 
where the defendant is taken in the act or on pur- 
suit immediately following said act, shall be com- 
menced by affidavit, made within one year of the 
time of the commission of such offense. Each and 
every magistrate, alderman, or justice of the peace, 
on complaint made before him, by the affidavit of 
any peison, of a violation of any of the provisions 
of this act by any person, is hereby authorized and 
required to issue his warrant, under his hand and 
seal, directed to any constable, police officer, 
game-protector, deputy game-protector or any 
other peace officer of the State whose duty it is to 
protect the game or wild birds of the State; and to 
cause such persons to be brought before him, the 
said magistrate, alderman, or justice of the peace, 
who shall hear the evidence and determine the 
guilt or innocence of the person charged. If the 
accused be convicted of such offense, he shall be 
sentenced to pay the penalty prescribed by the 
section violated, together with the costs of suit. 
All penalties collected in cases where the prose- 
cutor is a game-protector shall be immediately 
surrendei'ed by the court receiving the same to 
such prosecutor, who in turn shall, as soon as may 
be, either deliver or forward such amount to the 
Secretary of the Board of Game Commissioners, 
who shall deposit the same in the State Treasury, 
for the use of the Commonwealth. Where any other 
than a game-protector is the prosecutor, one-half 
of any penalty thus collected shall belong to such 
prosecutor, and shall be paid to him by the court 
receiving the same; and the remaining one-half 
of such penalty shall be forwarded, within ten 
days after said conviction, by such court to the Sec- 
retary of the Board of Game Commissioners, at 
Harrisburg, together with a statement of the cause 
for which said money was collected. It shall be 
the duty of said Secretary to keep a record of th» 



GAME, FISH AND FORESTRY LAWS 



58 



cause for whuh said money was collected, and de- 
posit the same, at least once a month, with the 
State Treasurer, for the use of the Commonwealth. 
Any defendant, being dissatisfied with the finding 
of the alderman or justice of the peace, in a trial 
for any violation of the game laws of this Common- 
wealth, shall be entitled to an appeal. Tlie case to Appeni 
be proceeded with as are charges of misdemeanor 
regularly returned to the court of quai-ter sessions 
of the peace; and it shall be the duty of the dis- 
trict attorney to submit a bill of indictment, charg- 
ing the offense returned, to the grand jury at its 
next regular session. Which said court, on the con- 
viction of the defendant of such offense and his 
failure to pay the penalty imposed by this act, 
together with the costs of prosecution, shall com- 
mit such defendant to the common jail of the 
county for the time as prescribed by section four 
of this act: Provided, That any person charged 
with a violation of any provision of this act, may, 
at his discretion, sign an acknowledgment of the 
offense committed, and pay to the duly authorized 
game-protector or deputy game-piotector the pen- 
alty in full, as fixed by the section violated, to- 
gether with costs to that date; and the printed 
receipt which he shall receive therefor, and which 
in all instances shall bear the imprint of the seal 
of the Board of Game Commissioners and the sig- 
nature of its secretary, shall be evidence of full 
aatisfaction of the offense committed. 

Section 32. All acts or parts of acts inconsistent Repeal, 
with the provisions of this act are hereby repealed. 

Approved— The 1st day of May, A. D. 1909. 

EDWIN S. STUART. 



Conviction. 

Failure to 
pay fine. 



Proviso 

Acknowl- 
edgment of 
offense. 



Receipt. 



54 



GAME, FISH AND FORESTRY LAWS. 



Wild birds 
and animals 
and game. 

Unlawful 
for unnat- 
uralized for- 
eign-born 
citizens to 
Imnt. 

Or to own 
or possess 
shotgun or 
rifle. 

Violations. 

Tonal ty. 

Proviso. 



Forfeiture, 
of guns. 



"Unnatura- 
lized for- 
eign-born 
relsdent" 
(Ictined. 



AN ACT 

To give additional protection to wild birds and 
animals and game within the Commonwealth 
of Pennsylvania; prohibiting the hunting for, or 
capture or killing of, such ^\ ild birds or animals 
or game by unnaturalized foieign-born residents; 
forbidding the ownership or possession of shot- 
gun or rifle by any unnaturalized foreign-born 
resident, within the Commonwealth; and pre- 
scribing penalties for violation of its provisions. 

Section 1. Be it enacted, &c., That from and 
after the passage of this act, it shall be unlawful 
for any unnaturalized foreign-born resident to hunt 
for or capture or kill, in this Commonwealth, any 
wild bird or animal, either game or otherwise, of 
any description, excepting in defense of person or 
property; and to that end it shall be unlawful for 
any unnaturalized foreign-born resident, within 
this Commonwealth, to either own or be possessed 
of a shotgun or rifle of any make. Each and every 
person violating any provision of this section shall, 
upon conviction thereof, be sentenced to pay a 
penalty of twenty-five dollars for each offense, or 
undergo imprisonment in the common jail of the 
county for the period of one day for each dollar 
of penalty imposed: Provided, That in addition 
to the before-named penalty, all guns of the before- 
mentioned kinds found in possession or under con- 
trol of an unnaturalized foreign-born resident 
shall, upon conviction of such person, or upon his 
signing a declaration of guilt as prescribed by this 
act, be declared forfeited to the Commonwealth 
of Pennsylvania, and shall be sold by the Board 
of Game Commissioners as hereinafter directed. 

Section 2. For the purposes of this act, any un- 
naturalized foreign-born person who shall reside 
or live within the boundaries of the Common- 
wealth of Pennsylvania for ten consecutive days 
shall be considered a resident, and shall be liable 
to the penalties imposed for violation of the pro- 
visions of this act. 



GAME, FISH AND FORESTRY LAWS. 



55 



Section 3. That the possession of a shotgun or 
rifle at any place outside of buildings, within this 
Commonwealth, by an unnaturalizezd foreign-born 
I evident, shall be conclusive proof of a violation of 
the provisions of section one of this act, and shall 
render any person convicted thereof liable to the 
penalty as fixed by said section. 

Section 4. That the presence of a shotgun or 
rifle in a room or house, or building or tent, or 
camp of any description, within this Common- 
wealth, occupied or controlled by an unnaturalized 
foreign-born resident, shall be prima facie evidence 
that such gun is owned or controlled by the per- 
son occupying or controlling the property in which 
such gun is found, and shall render such person 
liable to the penalty imposed by section one of 
this act. 

Section 5. That notice of the seizure of all guns, 
made for violation of any provision of section 
one of this act, shall be sent to the Board of Game 
Commissioners, at Harrisburg, by the oflficer mak- 
ing such seizure, immediately after the final ver- 
dict in any prosecution brought for violation of 
said provisions, or upon the signing of the ac- 
knowledgment of guilt, as hereinafter provided; 
and the gun so seized shall be sold, at the discre- 
tion of the Board of Game Commissioners, who 
shall apply the money thus realized, first, to the 
payment of costs arising from such prosecution 
and seizure, and the remainder, if any, shall be 
paid to the State Treasurer for the use of the 
Commonwealth. 

Section 6. That all duly appointed and sworn 
officers of the Board of Game Commissioners of 
this Commonwealth, and all constables, police 
officers, members of the State constabulary, for- 
estry-wardens, and all peace officers of the Com- 
monwealth, shall have the right, and it is hereby 
made their ^uty, to arrest, without warrant, any 
person whom they have good reasons to sus- 
pect as belonging to the class of unnaturalized 
foreign-born residents, when they find such per- 
son with guns of the before-mentioned kind in 
possession, within the Commonwealth of Pennsyl- 
vania. Such arrests may also be made upon Sun- 
day, in which case the person or persons so ar- 



I'ossession 
outside of 
bviilding. 



I'leseuce of 
guns in 
room, house, 
etc. 



Notice of all 
seizure. 



Sale. 



Duty •t 
officers. 



Arrests. 



Sunday ar- 
rests. 



56 



GAME, FISH AND FORESTRY LAWS. 



Ooncetlment 



•earcb war- 
rant. 



biaglstrates, 
ttldermen, 
ind justices, 
gummary 
conviction. 



AiBdarlt. 



Warrant. 



aaaring. 



rested, for safe-keeping may be committed to the 
jail or lock-up for that day; but shall be taken 
before tlie proper magistrate and proceeded against 
on a week day following the arrest; and any or 
either of such officers shall have the right and 
power, where they suspect the concealment by an 
unnaturalized foreign-born resident of guns of 
the before-mentioned kind, to apply to any court 
having jurisdiction of the offense, within the Com- 
monwealth, who, upon receipt of proof made by 
affidavit of the probable cause for believing in such 
concealment, shall issue a search warrant and 
cause a search to be made in any place; and to 
that end, the said officer shall have power, after 
demand and refusal, to cause any building, room, 
inclosure, or car to be broken open and entered, 
and any closet, chest, locker, box, trunk, crate, 
basket, box, or package, or other receptacle, to be 
open and contents examined by said officer. 

Section 7. Each and every magistrate, alderman, 
and justice of the peace of this Commonwealth 
shall have the power of summary conviction per- 
taining to the violation of any of the provisions 
of this act; and all actions for violation of any of 
the prov'^^ions hereinbefore-mentioned, excepting 
where tht defendant is taken in the act or in a 
pursuit immediately following the act, shall be 
commenced by affidavit made within one year of 
the time of such violation. JCach and every mag- 
istrate, alderman, and justice of the peace, on com- 
plaint made before him, on affidavit of any per- 
son, of a violation of the pi-ovisions of this act by 
any person, is herewith authorized and required 
to issue his warrant, under his hand and official 
seal, directed to any constable, police officer, game 
protector, or any other officer of the State known 
as a police officer and authorized to serve war- 
rants, and cause such person to be brought be- 
fore such magistrate, alderman, or justice of the 
peace, v\ ho shall hear the evidence and determine 
the guilt or innocence of the party charged. If 
the accused he convicted of such offense, he shall 
be sentenced to pay the full penalty prescribed by 
the section violated, and to pay all costs of pro- 
secution. All penalties collected in cases where 
the prosecutor is a paid officer of the Board of 



GAME, FISH AND FORESTRY LAWS. 



57 



Game Commissioners shall be immediately sur- 
rendered by the court receiving the same to such 
prosecutor, who in turn shall, as soon as may be, 
forward or deliver such amount in full to the sec- 
retary of the board, v^ho shall at once deposit the 
same to the use of the Commonwealih. Where 
any other than a paid officer of the Board of Game 
Commissioneis is the prosecutor, one-half of any 
penalty thus collected shall belong to said pro- 
secutor, and be paid to him; and the remaining 
one-half shall be forthwith forwarded to the sec- 
retary of the Game Commission, at Hanisburg, 
together with a statement of the cause for which 
said money shall have been collected. The cost 
of which statement is hereby fixed as fifty cents, 
and made a part of the costs of piosecution. It 
shall be the duty of the Board of Game Commis- 
sioners to keep a record of the cases for which 
said money was collected, and to deliver the fund 
thus aiising, at least once a month, to the State 
Treasurer, for the use of the Commonvvealth. Any 
defendant refusing to pay such penalty, with the 
costs of prosecution, shall be committed to the 
common jail of the county, for a period of one 
day for each dollar of penalty imposed, unless he 
shall enter a good and sufficient recognizance, with 
one or more sureties, to pay such penalty within 
ten days, or to answer such complaint, upon the 
charge of misdemeanor, before the court of quarter 
sessions of the peace of the county in which the 
offense was committed; which said court, upon 
the conviction of the defendant of such offense, and 
on his failuie to pay the penalty imposed, together 
with the costs of prosecution, shall commit such 
defendant to the common jail of the county for 
a period of one day for each dollar of penalty im- 
posed: Provided, That any person charged with 
violation of the provisions of this act may, at his 
discretion, sign an acknowledgment of the of- 
fense committed, and pay any duly sworn game 
protector the penalty in full, as fixed by the section 
violated, with costs to that date and the printed 
receipt therefor, which shall in every instance bear 
the seal of the Board of Game Commissioners and 
the signature of its secretary, shall be evidence 
of full satisfaction for the offense committed: Pro- 



Dlsposltlon 
of fines. 



Duty of tb» 
Board. 



Refusal to 
pay penalty. 



Penalty. 



Commit- 
ment. 

Proviso. 



Acknowl- 
edgment ol 
offense, and 
payment. 

Receipt. 



Proviso. 



58 



GAME, FISH AND FORESTRY LAWS. 



vided also, That all guns seized, in cases in which 
the before-mentioned receipt is given, shall be 
sold under the provisions of section five, and the 
moneys realized therefrom be supplied as therein 
directed. 

Section 8. All acts or parts of acts inconsistent 
with the provisions of this act are hereby repealed. 

Approved— The 8th day of May A. D. 1909. 

EDWIN S. STUART. 



Game-quad- 
rupeds aud 
fanie-birda. 

The racccxti . 

Open st;aswu 

Violation. 



Penally 



(lauif-quad- 
rnped.s. 

Gauie-biiils. 



Opeii season. 
Vlolatious. 



Penalty. 



AN ACT 

To provide for the better protection and preserva- 
tion of game, game-quadrupeds aud game-birds, 
and prescribing penalties for violation of its sev- 
eral provisions. 

Section 1. Be it enacted, &c.. That from and 
after the passage of this act, the wild animal 
^nown as the raccoon shall be classed as a game 
animal in this Commonwealth, and it shall be un- 
lawful to kill or capture such animal excepting 
during the months of September, October, Novem- 
Der and December of each year. Each and every 
person killing or capturing, or attempting to kill 
or take, a raccoon during any other month of the 
year, except as above named, shall, upon convic- 
tion, be liable to a penalty of ten dollars for each 
animal so illegally taken or killed, or attempted 
to be taken or killed; or, in default thereof, shall 
suffer an imprisonment of one day in jail for each 
dollar of penalty imposed and unpaid. 

Section 2. The open season for grey, black, or 
fox squirrels; also the open season for the grey 
rabbit and hare; also the open season for the 
ruffed-grouse, the wild turkey, the quail, com- 
monly called Virginia partridge: English, Mongo- 
lian, ring-necked and Chinese pheasants; shall be 
from the first day of November to December fif- 
tenth, inclusive, of each year. Each and every 
person killing or taking, or attempting to kill or 
take, any of the game birds or animals mentioned 
in this section, at any time excepting as provided 
for in this act, shall, upon conviction, be liable to 
a penalty of ten dollars for each animal killed or 



GAME, FISH AND FORESTRY LAWS. 5» 

taken, or attempted to be killed or taken, contrary 
to the provisions of this act, and twenty-five dol- 
lars for each game-bird, either killed, taken, or 
attempted to be killed or taken, contrary to the 
provisions of this act; or, in default thereof, shall 
suffer an imprisonment, in the common jail of 
the county, of one day for each dollar of penalty 
imposed and unpaid. 

Section 3. Each and every magistrate, alderman, Sumuiary 
and justice of the peace of the Commonwealth is conviction, 
hereby given the power of summary conviction in 
all matters pertaining to violations of any of the 
provisions of this act; and also prosecutions for 
such violations shall be conducted and the pen- 
alty applied as provided in section thirty-first of 
the act of May first, Anno Domini one thousand 
nine hundred and nine, entitled "An act to piovide 
for the protection and preservation of game, game- 
quadrupeds and game-birds, and song and insec- 
tivorous and other wild birds, and prescribing 
penalties for violation of its several provisions." 

Section 4. All acts or parts of acts inconsistent Repeal 
with the provisions of this act are hereby repealed. 

Approved — The 3d day of June A. D., 1911. 

JOHN K. TENER. 



AN ACT 

Giving additional protection to wild waterfowl of 
all kinds in this Commonwealth; limiting the 
number of decoys that may be used by any one 
person at one time, or by any number of persons 
acting together; forbidding the shooting of wild 
waterfowl before sunrise; and imposing penal- 
ties for violation of its provisions. 

Section 1. Be it enacted, &c., That from and Oame. 
after the passage of this act, it shall be unlawful 
for any person, or for any number of persons act- 
ing together, to place in any of the waters of this 
Commonwealth, for the purpose of attracting wild Y^'^^^ water- 
waterfowl of any description, more than twenty • 
specimens of artificially prepared wooden ducks, Limitiu,. umu 
or ducks of any character, commonly used as de- i,er of decoys 
coys, or to shoot over or attempt to control more 



J© 



GA]\]E. FISH AND FORESTRY LAWS. 



Shooting be 
fore sunrise 
prohibited. 



Violations. 
Penalty. 



Oonflscation 
of decoys, 
boats and 
guns. 



Summary 
conviction. 



Actions. 
Procedure . 



Warraat. 



Hearing. 



than tweiuy such decoys, so placed as to cover 
not exeeeuiug oiie-tourth of a uiile, upon any 
stream oi lake within this Commonwealth, 

Section 2. That it shall be unlautul tor any per- 
son, eilhei using decoys or otherwise, to shoot at 
\^ ild waLerto.U of any kind before suni'ise of any 
day, upon any of the waters located within this 
Commonwealth. 

Section -j. ti,ach and every person violating any 
provision of ibis act shall be liable to a penalty 
of ten dollars for the first offense, or shall suffer 
an imp! isonment of one day foi each dollar of 
penalty imposed. For the second or any addi- 
tional off*-nse after the first onense each person 
violating any provision of this act shall be liable 
to a penally of ten dollars and ten days in jail; 
and al-u) siiall be liable to have all decoys, boats, 
and guns, used in violation of law, confiscated to 
the Hot ui lac «. oinmonw ealih ui i'tnn.3> iv unia, the 
same to be sold as confiscated proijerty is sold 
under tne provisions of an act, entitled "An act to 
provide for the protection and pieservation of 
game, eic," approved the first day of May, Anno 
i^omini one tliousand nine hundred and nine. 

Section 4. Each and every magisiraie, alderman, 
and justice of the peace of this Commonwealth 
shall have the power of summary conviction in all 
matters i)ertaining to the enforcement of any of 
the provisions of this act; and all actions for vio- 
lation of any of said provisions, excepting where 
the defendant is taken in the act, or in pursuit 
immediately following said act, shall be com- 
menced by affidavit, made within one year of the 
time of the commission of such offense. Each 
and every magistrate, alderman, and justice of 
the peace, on complaint made befoi'e him, on affi- 
davit of any person, of a violation of the provi- 
sions of this act by any person, is herewith au- 
thorized and required to issue his warrant, under 
his hand and official seal, directed to any con- 
stable, police officer, game-protector, or any oflBcer 
of the State known as a police officer and au- 
thorized to serve warrants; and cause such per- 
son to be brought before such magistrate, alder- 
man, or justice of the peace, who shall hear the 
eviaence and determine the guilt or innocence of 



GAME, FISH AND FORESTRY LAWS. 



61 



the party charged. If the accused be <onvicted 
of such offense, he shall be sentenced to p.iy the 
full penalty prescribed by the section violated, and 
to pay all costs of prosecution. All pennl^ies col- 
lected in casH where the prosecutor is a paid officer 
of the Boaid ot '^^amj Coramisioneis shall br- im- 
mediately surrenderea by the court receiving the 
same to such prosecutor, who in turn sluill, as 
soon as may be, forward or deliver such amount 
in full to the secietary of the Board, vho siiall at 
once deposit the same to the use of the r'om!non- 
wealth. Where anv other than a pair! officei- of the 
Board of Game Commissioners is the prosecutor, 
one-half of any penalty thus collpctpd s:^.al1 be- 
long to said piosecutor, and be paid to him: and 
the remaining one-half shall be forthwith for- 
warded to the secretary of the Game Commis- 
sion at Harrisbu rg, together with a ^ratemenT of 
the cause for which said money shall have been 
collected The cost of which statemput i^ hereby 
fixed at fifty cents, and made a part of the costs 
of prosecution It shall be the duty of tlio Board 
of Game Commissioners to keep a recoid of the 
cases for which said money was collf'ctpd. and to 
deliver the funds thus arising, at least once a 
month, to the ?tate Treasurer, for the nse of the 
Commonwealth. Any defendant refusing to pay 
such penalty and the costs of niosecntion shall be 
committed to the common jail of the connty, for 
a period of one day for each dollar of opualry im- 
posed, unless he shall enter a good and sufficient 
recognizance, •. ith one or more sureties, to pay 
such penalty within ten days or to answer such 
complaint, upon the charge of mi=!fl«^'npinor, be- 
fore the court of quarter sessions of ♦^he peace 
of the county in -hich the offense wa-^ comTiitted: 
which said court, upon the conviction of the de- 
fendant of such offense, and on his failuvp to pay 
the penalty imposed, together with the costs of 
prosecution, shall commit such defpu'-^ant to the 
common jail of the county, for a neri'-^d ot" one day 
for each dollar of nennlty imnos^d: Providpd. That 
when any person shall be charged "'ith thp viola- 
tion of any of the provisions of thi<5 a'^t. sncn per- 
son may appear before the court of qnarter ses- 
sions, or a mnffifs+rate having jurisdiction, of the 



Penaltlfs. 



DispositiiiD 
of fund* 

Refusal to 
pay penaUy 



Ball. 



Commit- 
ment. 



Proviso. 



Plea vt 
guilty. 



62 



GAME, FISH AND FORESTRY LAWS. 



Repeal. 



proper county, and there plead guilty to such 
charge; whereupon the said court shall impose 
the sentence first mentioned in section three, 
which, with the costs, shall be paid forthwith by 
such person. 

Section 5. All acts or parts of acts inconsistent 
with the provisions of this act are hereby re- 
pealed. 

Approved — The 15th day of June, A. D. 1911. 

JOHN K. TENER. 



Dogs. 



Collar and 
tag. 



County coni- 
inissiouers to 
supply ta^. 



Stamp on 
taj;. 



AN ACT 

Supplementary to "An act for the taxation of dogs 
and the protection of sheep," approved the twen- 
ty-fifth day of May, Anno Domini one thousand 
eight hundred and ninetj^-three; requiring all 
dogs to wear a collar to be provided by the owner, 
together with a tag to be attached thereto show- 
ing payment of tax, said tag to be provided by 
the county commissioners; imposing certain 
duties upon constables, tax collectors and county 
ccmmissioners; and providing for the killing of 
dogs whose owners fail to comply with this act 
and the act to which this is a supplement; and 
providing penalties for failure to comply with 
the provisions of this act. 

Section 1. Be it enacted, &c., That hereafter all 
dogs, made taxable by the act to which this is a 
supplement, shall be required to wear, at all times, 
a substantial collar, to which shall be attached the 
tag hereinafter mentioned; said collar to be fur- 
nished by the owner of said dog or dogs; and said 
tag to be furnished by the county commissioners, 
and to be paid for by them out of the fund real- 
ized from the taxation of dogs. 

Section 2. The county commissioners of the sev- 
eral counties shall prepare and furnish, annually, 
to the several tax collectors of the county metal 
tags, to be given by said tax collectors to the own- 
ers of dogs when said owners shall pay the tax 
assessed upon said dogs. Upon one side of said 
tags shall be stamped, in raised letters, the fol- 



GAME, FISH AND FORESTRY LAWS. 



lowing, "Dog tax for (naming the year) ; 

paid." 

Section 3. At the time of payment of dog tax 
by the owner of such dog, the tax collector shall 
give to said owner one of said tags, prepared for 
the year for which said tax is paid; which said 
tag shall thereupon be attached to the collar of 
the dog for which said tax was paid by the owner 
of said dog. 

Section 4. Should the owner of any dog or dogs 
neglect to pay the tax assessed for said dog or 
dogs, and to comply otherwise with the provisions 
of this act, it shall immediately thereafter be the 
duty of the proper tax collector to give written 
notice to said owner that if he fails to pay said 
tax, and also to comply with the provisions of sec- 
tions one and three of this act as to the collar and 
tag required to be worn, within ten days, or to kill 
his dog himself within said time, that said dog 
will thereupon be killed by the constable of the 
proper district: Provided, That for the notice 
written and mailed or delivered, under this pro- 
vision, the said tax collector shall be entitled to 
receive the sum of twenty-five cents, which amount 
shall be paid to him by the county commissioners 
at the time of the next settlement of accounts be- 
tween said officer and the county commissioners. 
For failure of the tax collector to perform his 
duty under the requirements of this section, he 
shall be liable to a penalty of two dolllars in each 
case, which amount shall be deducted in any set- 
tlement occurring between said officer and the 
county commissioners. 

Section 5. In cases of default by any such owner 
as to comply with the requirements of this act, 
and particularly with section four as to payment 
of tax, wearing collar and tag, and killing his said 
dog, it shall thereupon be the duty of the tax col- 
lector of said district, and shall also be the right 
and privilege of any citizen of the proper district, 
to notify the proper constable of the said district 
of such failure anti default, and that it thereupon 
becomes the duty of said constable to kill said 
dog. And, in either case, it shall thereupon be 
the duty of such constable to kill all such dogs; 
and for such service said constable shall be en- 



Attachment 

vf tag. 



Neglect to 
comply with 
act. 



Notice to 
owner. 



Killing of 
flog. 



Prcviso. 



Fee for serv- 
ing notice. 



Default of 
collector. 

I'enalty. 



Default of 
owner. 



Notice to 
constable. 



Duty of 
con.stable. 



64 



GAME, FISH AND FORESTRY LAWS. 



Fe«. 



Default of 
constable. 

Pentlty, 



"Owner" 
detlned. 



Taxation. 



Dogs not 
wearing col- 
lar and tag. 

Public 
itulBance. 



R.'peal, 



titled to receive for each dog killed and buried, 
cremated, or otherwise legally disposed of, by him, 
from the county commissioners, out of the fund 
realized trora the taxation of dogs, the sum of 
one dollar. For failure to perform his official duty 
under the provisions of this section, the consta- 
ble shall be liable to a penalty of t \o dollars for 
each offense, which said amount shall be deducted 
from any amount due such constai)le from the 
county at the next settlement between such officer 
and the county commissioners. 

Section 6. Every person keeping a dog or dogs 
about his house or premises, permitting such dog 
or dogs to stay about his house ot preinises, shall 
be taken and deemed to be the ownei of such dog 
or dogs, foi' all the purposes of this act; and shall 
be liable for the assessed valuation of such dog or 
dogs, as the case may be; the same to be recovered 
as are othei taxes imposed in this Commonwealth. 

Section 7. All dogs not wearing the tollar and tag 
required by the piovisions of this act are hereby 
declared to be a public nuisance; arid such dog 
may be killed at any time by the ov ner of lands 
within the Common wealth, or the bona fide tenant 
upon lands within the Commonwe;ilth, or by the 
employe of either owner or tenant upon whose 
lands such dog may be found, and the owner of 
such dog so killed shall have no recourse at law 
whatever. 

Section 8. All acts or parts of acts Inconsistent 
tierewith i»e and the same are hereby repealed. 

Ai»i>v.>v^d The ir>rh day of June, A. D., 1911. 

JOT^V K. TENER. 



GAME, PISH AND FORESTRY LAWS. 65 



BOARD OP GAME COMMISSIONERS. 

Dr. Charles B. Penrose, President, Philadelphia, C. K. Sober, 
Lewisburg; John M. Phillips, Pittsburg; Arthur Chapman, 
Doylestown; Lanning Harvey, Wilkes-Barre; W. H. McCaleb, 
Harrisburg. 

NOTICE. 

Commonwealth of Pennsylvania, 
Office of the Board of Game Commissioners, 

Harrisburg, Pa., July 15th, 1911. 

The Game Commission of Pennsylvania wishes it to be fully 
and distinctly understood that they are trying to interpret and 
enforce the game law of this State according to their idea of 
its spirit and purpose, rather than its exact wording. For in- 
stance the law says that no person shall have a game bird in 
possession except during a certain season, nor shall anyone 
have in possession at any time a bird of a kind, known as "a 
wild-bird other than a game bird," excepting under the pro- 
visions of law. If upon investigation it develops that a bird 
of either of these kinds was taken into possession through a 
spirit of kindness and with the intent to benefit, or save the 
life of a suffering bird, we will construe this action to be in 
accord with what we understand to be the purpose of the law. 
Namely, a step toward the preservation and protection of 
our birds, and one that should be commended rather than 
condemned. 

Again, while the letter of the law permits the Game Com- 
mission or its duly authorized officers to do certain things that 
it forbids the ordinary citizen to do, we construe this to be a 
provision intended to benefit the Commonwealth and not in- 
tended to benefit the officer, and will in no instance permit 
such officer to exercise a privilege of this kind for personal 
profit. We will not permit one of our officers to lead an inno- 
cent person into temptation for the purpose of collecting a 
penalty — either for his own use or for the use of this office. 
For instance, the law gives game protectors, for the purpose of 
securing evidence, the right to buy or sell certain game, that 
may not be bought or sold for any purpose by any other in- 
dividual in the State, under a penalty of twenty-five dollars. 
A country boy may kill a pheasant, and a dollar to him may 
exceed several times over the value of the bird. We will not 



66 GAME, FISH AND FORESTRY LAWS. 

permit any of our officers to lead such a person into a viola- 
tion of the law for the purpose of collecting a penalty. Neither 
will we, for the purpose of making a case, permit an officer to 
sell game to an unwary and entirely innocent individual, who 
may be hunting. But where we are led to believe persons are 
wilfully and deliberately violating the law, either through 
the purchase or sale of game of a kind, the purchase or sale of 
which is forbidden, we feel that it devolves upon us to break 
up such practice, and will do our best to secure the necessary 
evidence to attain that end. 

The game law of this Commonwealth provides that game 
killed in this Commonwealth may be had in possession at cer- 
tain times, only, and imposes a penalty for having such game 
in possession at any other time, we do not understand the in- 
tent of this law to arbitrarily mean that, men may have game 
in possession, only at a certain time, but, instead, was in- 
tended to safe guard the lives of game birds or animals, by 
making the possession of game out of season, an evidence 
that the game in question, was killed illegally. Therefore, 
where it is evident, that the deer or any other animal, or bird, 
w^as not killed, by the man having it in possession, or through 
his instrumentality, as for instances a deer killed by a rail- 
road train, we can see no good reason why some human being 
may not be benefitted through using the flesh of such animal, 
rather than to have it rot upon the ground or become the food 
of dogs or crow. 

Again, an act passed by the Legislature of 1909 says the 
unnaturalized foreign born resident, may not hunt, or shoot, in 
this Commonwealth and to that end, shall not be possessed of 
either shotgun or rifle, this last provision to our minds means 
a shot gun or rifle that can be used to shoot with, not some 
old and useless gun, or a part thereof and we will not permit 
any officer under our appointment, to use this act for either a 
purpose of persecution or to secure dollars to his own profit. 

These illustrations cover the principal we have adopted as 
our guide. We are striving to preserve the game and wild 
birds of the State for the benefit of all people of the State. 
Wild birds, because of the value of their life work; game birds 
for the same reason; and in addition, the value to man of an 
outing in pursuit of such game and its value as a food supply, 
in conformity with these ideas the Game Commission proposes 
to prosecute and punish all violators of the game la.vs that 
may come to their notice. It will thankfully receive, and 
hereby earnestly invites any information relative to violations 
of the game laws of the State. We ask that letters upon 
this subject be made as comprehensive as may be, giving, as 



GAME, FISH AND FORESTRY LAWS. 67 

far as possible, the name of the offender, the location, the 
nature of the offense, and the date upon which it was com- 
mitted, with the names of witnesses and the post-office ad- 
dresses of the same, so that we may be able to investigate 
quickly, intelligently and with as little expense as possible. 

This request includes misconduct upon the part of our offi- 
cers as well as violations of the game laws. The name of any 
person giving us information in this way will be held strictly 
confidential. 

We have' many officers whom w^e have never met, and of 
whom, personally, we know nothing, they have come to us, 
recommended by the friends of game protection in the several 
communities in which they may reside, we cannot hope to 
know of unfair or unjust treatment upon the part of these 
men, unless those who do know of it, notify us, and we ask 
you to help us in this matter as well as any other feature of 
the work. We want the enforcement of the Game Law to be 
clean and just in all ways. 

Respectfully yours, 

JOSEPH KALBFUS, 
Secretary of the Game Commission. 



68 GAME, FISH AND FORESTRY LAWS. 



SUMMARY OF IMPORTANT PROVISIONS OF THE GAME 
LAWS OF PENNSYLVANIA. 



The Game Commission has nothing whatever to do with 
the enforcement of either the fish or forestry laws of this Com- 
monwealth. 

All letters on the subject of game, song, or insectivorous 
birds, should be addressed to the Secretary of the Game Com- 
mission at Harrisburg. 

Game protectors have the authority to enforce only the game 
laws of the State. They have no authority to arrest for viola- 
tion of any other law, and an appointment of this kind carries 
no special rights or privileges, to the officer as an individual. 

A game protector is authorized to enter upon any land of 
the State, in the line of his duty, for the purpose of enforcing 
the law but he lias no right, as an individual, to hunt, or in 
any manner trespass, upon posted lands, contrary to the wish 
of the owner thereof. 

A game protector is authorized to act anywhere in the State. 

All game protectors, deputy game protectors and special 
deputy game protectors of the Commonwealth of Pennsylvania, 
appointed by the Board of Game Commissioners, also all mem- 
bers of the State police authorized by act of May 2, 1905, are 
vested with like powers, and have the right to arrest without 
warrant, or to search the person or property of any one they 
may catch in the act of violating any game law of the Com- 
monwealth or whom they may catch in pursuit immediately 
following the act, or whom they have reasonable cause to 
suspect of having within a limited time, violated any of the 
game laws of the State. But they are not authorized to arrest 
or search without warrant, after the offender has once reached 
his place of residence, unless they were actual witnesses to 
the violation and as rapidly as possible followed the offender 
to that place. 



GAME, FISH AND FORESTRY LAWS. 69 

Constables of the several wards, boroughs and townships of 
this Commonwealth are ex-officio game wardens, and have the 
same power throughout the county, wherein they are elected 
as have the protectors appointed by the Game Commission. 

Constables are liable to fine and imprisonment where they 
neglect or refuse to enforce the game laws, after their aiicx^ 
tion has been called to the matter, in a prescribed form. 

Section 5, Act of March 22, 1899, page 13. 

Any person or persons interfering with a game protector of 
this Commonwealth in the discharge of his duty, or resisting 
arrest shall be liable to a penalty of one hundred dollars. 

Section 4, Act of May 21, 1901, page 16. 

A constable where he is the prosecutor is entitled to one- 
half of the penalty recovered, and to ten dollars extra from the 
county, for each conviction secured for violation of the game, 
or forestry laws. Deputy game protectors are entitled to the 
same reward. Game protectors and special deputy game pro- 
tectors are not so entitled. 

Any citizen of the Commonwealth has the right to prose- 
cute for violation of the game laws, and is entitled to one- 
half of all penalties recovered. 

If you wish to know the law regarding the time game may 
be legally killed, lead Sec. 2 of the Act of May 1st, 19Uy, 
page 30. 

Sections 3 and 4 also contain valuable information. 

Where a person is caught in the act or is arrested for violat- 
ing any law of this Commonwealth giving protection to game, 
song, or insectivorous birds, he is to be tried summarily. 
Section 31 of the act of May 1st, 1909, page 52. 

Xo unnaturalized, foreign-born resident can legally own or 
have in possession a rifle or shot gun, or can hunt or shoot, 
within the Commonwealth. 

Act May 8, 1909, page 54. 

The constitutionality of this act has been sustained by both 
the Superior and the Supreme Courts of the Common wealth. 
See citation No. 46, page 203. 

There shall be no hunting or shooting on Sunday. 
Penalty, $25. Section 1, May 1, 1909, page 30. 



70 GAME, PISH AND FORESTRY LAWS. 

"When an arrest is made for violation of that provision of the 
game law prohibiting hunting on Sunday, the evidence and 
the record, must show that game or wild birds were hunted 
for or killed, the kind of game or birds hunted, or killed had 
best be named. It will not do to simply charge the defendant 
with hunting or shooting on Sunday, the game laws of this 
State were passed for the protection of game and wild birds 
and not to preserve the sanctity of the Sabbath, and the courts 
have held, that before a defandant can be convicted of violat- 
ing section one, of the act of May 1, 1909, it must be proved 
that game cxi- a bird of some kind protected by this act was 
hunted or killed on Sunday. 

All magistrates, justices of the peace, and aldermen should 
follow the form prescribed in the act violated, and their rec- 
ord should show that this has been done. This will avoid 
trouble on certiorari. 

In receiving or drawing a complaint, for the violation of any 
of the provisions of the game laws or fish laws of this State, 
it would be well to follow strictly the wording of the sec- 
tion violated, and the record should show that this has been 
done. 

The Record should show: 

That an offense was committed. That said offense was com- 
mitted within the jurisdiction of the court hearing the case. 

That the prosecution was brought within the statutory 
time. 

That the complaint was sworn to. 

That a warrant was issued and the arrest made on said 
warrant which was duly returned. 

Or 

That the arrest was made on sight without warrant. 

That the defendant was present at the hearing. 

That the evidence as offered on both sides was heard under 
oath. 

The record must show at least the substance of , such evi- 
dence. 

That the defendant was because of such evidence either 
convicted or acquitted. 

If convicted that he was sentenced to pay the penalty im- 
posed by law. 

That upon refusal to pay said penalty he was committed 
to the jail for a period of one day for each dollar of penalty 
imposed. 

And that this was done before he was permitted to enter 
tail on appeal. 



GAME, PISH AND FORESTRY LAWS. 71 

All song and insectivoroiis birds are protected hy the law 
under the name of ''wild birds other thaii game birds,'" and 
not by their family or common name, this provision reads as 
follows : 

It is illegal to catch, kill or have in possession, either living 
or dead (except as specifically permitted by the act), any of 
the wild birds of the State, other than game birds. 

Section*10 of the act of May 1, 1909, page 39. 

The provision heretofore found in our law giving land own- 
ers the right to kill birds caught in the act of destroying 
property was stricken out of the law by the Senate committee 
on game and fish, in 1909, upon the ground, that the life work 
of the great majority of our birds was far more beneficial than 
injurious, and that the ordinary man, was not in position to 
correctly judge upon the subject; the law therefore reads as it 
does. 

The exceptions mentioned by the act above cited are birds 
that may be taken for the purpose of scientific study, through 
the authority conferred by a certificate to be secured from the 
Board of Game Commissioners, and certain birds, considered 
harmful. Those considered harmful, are the bluejay, the 
English sparrow, the European starling, the kingfisher, the 
shrike, the eagle, buzzard, the osprey, sharp-shinned hawk. 
Cooper's hawiv, goshawk, duck hawk, pigeon hawk, the great 
horned owl, barred owl, the crane, the heron, the bittern, the, 
crow, and the raven. These birds are not protected by any law- 
pf this Commonwealth, and may be killed at any time. 

The eagle and the buzzard were placed upon the unprotected^ 
list because of their disposition to feed upon carrion, and the 
danger attached to such action* through the spread of infec- 
tious and contngious diseases. The crane and heron, etc., be- 
cause of their disposition to destroy fish life. 

Section 10, Act May 1st, 1909, page 39. 

The destruction of birds nests and their eggs is prohibited. 
Penalty $50 for game birds, $10 for other birds. 
Section 12, Act May 1st, 1909, page 40. 

Birds of a kind found in a wild state in this Commonwealth 
may not be legally kept in captivity, no difference where thej 
come from. 

The tanned or cured skins of birds or animals, legally taken 
either within or without, the State may be retained. 
Section 10, Act May 1st, 1909. page 39. 



72 GAME, FISH AND FORESTRY LAWS. 

The killing of game except through the use of a gun is 
illegal, excepting that rabbits may be taken through the use 
of box traps, and bears may be taken through the use of pens. 

Section 15, Act May 1st, 1909, page 42. 

Squirrel or rabbits known to be injuring trees or growing 
crops may be killed at any time, but such animals so killed 
cannot be used for food or be sold. 

Section 25, Act May 1st, 1909, page 48. 

The use of what is commonly known as the automatic gun 
for killing game in Pennsylvania is prohibited. This applies 
to all kinds of automatic guns, rifle as well as shot guns. 

But does not apply to pump guns or lever guns, or to any 
gun except those, that througii the recoil produced by the dis- 
change of a loaded shell, ejects the empty shell, throws a 
loaded shell into the barrel and cocks the gun. 

Act of May 1st, 1909, page 29. 

This act was pronounced unconstitutional by the Court of 
Delaware County. The case was carried to the Superior Court 
on appeal. On May 10, 1909, the Superior Court handed down 
its decision reversing the ruling below and confirming the con- 
stitutionality of this act. See citations among legal opinions, 
page 

It is illegal to kill any game birds during the night time. 
Section 15, Act May 1, 1909, page 42. 

Wild water-fowl may not be legally shot at before sunrise of 
any day. 

Section 2, Act June 15th, 1911, page 60. 

Not to exceed 20 decoys may be legally used by one person 
at one time. 

Section 1, Act June 15th, 1911, page 59. 

The open season for deer in this Commonwealth, is from 
the fifteenth day of November to the first day of December of 
each year, and 

But one deer can be legally taken or killed in this Common- 
wealth during one season, which must in every instance be a 
male deer with horns visible above the hair. 

It is illegal to have in possession or under control any deer 
killed in this Commonwealth or part thereof, except during 



GAME, FISH AND FORESTRY LAWS. 73 

the open season for such game in this Commonwealth and for 
thirty days thereafter. 

Section 18, ActTMay 1, 1909, page 43. 

It is illegal to make use of what is known as buck-shot, in 
hunting deer or to kill, or wound, or to attempt to kill, or 
wound, any deer, by or through, the use of a gun of any kind 
propelling or emitting, more than one pellet, bullet or ball, at 
a deer, through a single discharge. 

It is illegal to kill or capture any deer in the waters of the 
State, 

It is illegal to "make use of a dog or dogs in hunting deer" 
in this State. 

Section 19, Act May 1, 1909, page 44. 

Any dog following upon the track of deer or fawn within 
this Commonwealth is declared to be a public nuisance, and 
may be killed by any person, when so seen. 

Or by an officer of the State whose duty it is to protect the 
game of the State, within one year from the date of the com- 
mission of the offense. 

And the owner of such dog shall be liable to a penalty of 
twenty-five dollars for each deer or fawn pursued, and fifty 
dollars for each deer or fawn killed by such dog, running at 
large without the aid of its master, and double that amount 
when dogs are allowed to run deer after notice, this penalty 
to be collected as are other penalties under the provisions of 
this act. 

Section 20, Act May 1, 1909, page 45. 

Dogs of any description may be killed by the owner or lessee 
of lands on which they are found, or by any officer of the State 
whose duty it is to protect the game of the State, when pursu- 
ing small game of any kind out of season, off land controlled 
by the owner of such dog, unless the dog wears a collor bear- 
ing the name and address of the owner, in which case notice 
must be given before the dog is killed. 

Section 21, Act of May 1, 1909, page 45. 

Dogs of all descriptions are, unless they have a tax tag at- 
tached to their collar, declared a public nuisance, and may be 
killed by certain persons. 

Section 7, Act June 15th, 1911, page 64. 



74 GAME, FISH AND FORESTRY LAWS. 

It is illegal to buy or sell any deer, or ruffed grouse, com- 
monly called pheasant, or quail, commonly called Virginia 
partridge, or Hungarian quail, or woodcock, or wild-turkey, 
or any part thereof killed in this Commonwealth. 

Penalty $100 for each deer or fawn, or part thereof, and $25 
for each of said birds, or part thereof, bought or sold. 

It is illegal to buy or sell any ruffed grouse commonly called 
pheasant, killed outside of this Commonwealth, except during 
the open season for such game in this Commonwealth, and 
for thirty days thereafter. 

Or to buy or sell at any time within the Commonwealth any 
woodcock, or wild-turkey killed outside of the Commonwealth. 

Penalty $25 for each bird or animal taken in violation of 
law, except as above named. All other game killed in the 
Commonwealth can be bought and sold during the open season 
for such game in the Commonwealth and for thirty days 

Section 23, Act May 1, 1909, page 47. 

It is illegal to discharge on any of the streets or alleys of 
any city or borough of the Commonwealth any flobert rifle, 
air gun or spring gun, or any implement which impels with 
force a metal pellet of any kind. 

Act of April 15, 1903, page 21. 

Seized guns and hunting paraphernalia will be sold unless. 
fine and costs are paid, and the fact that imprisonment is 
suffered, will not effect the release of these articles. 

Section 4, Act May 1, 1909, page 31. 

Cost cannot be imposed upon officers, whose duty it is to 
enforce the game laws, said costs must be paid either by the 
defendant or the county. 

Act of April 16, 1903, page 22. 

All prosecutions for violations of the game laws, must be 
commenced within one year, from the date of the commission 
of the offense. 

Section 31, Act May 1, 1909, page 52. 

Possession of game out of season, is prima facie evidence 
that it was taken illegally. 

Section 29, Act May 1, 1909, page 51. 



GAME, FISH AND FORESTRY LAWS. 75 

It is illegal to ship or remove, or "to attempt to ship or re- 
move from this State, or to knowingly permit the shipment or 
removal out of this State of any game bird or game quadruped, 
except v^hen it, is to be returned to the State, except by those 
v^ho have paid a non-resident license. 

Penalty not less than $50, or more than $100. 

Section 28, Act May 1, 1909, page 50. 

Non-residents who have paid the license can carry certain 
game out of the State under certain restrictions. 
Section 28, Act 1909, page 51. 

It is illegal to ship or remove any wild bird other than a 
game bird or any part thereof out of the State, without per- 
mission of the President of the Game Commission, or to sell 
or exchange parts of such birds. 

Penalty not less than $50 or more than $100. 

Section 6, Act May 1, 1909, page :]2. 

It is illegal to kill, in any one day, more than five ruffed 
grouse, commonly called pheasant, or more than twenty of 
these birds in one week, or more than fifty of these birds in 
any one season. 

It is illegal to kill, in one day, more than 10 English, Mon- 
golian or Chinese pheasants, or more than twenty of these 
birds in one week, or more than fifty of these birds in any 
one season. 

Or to kill in any one day more than ten woodcock, or more 
than twenty of these birds in any one week, or more than fifty 
of these birds any one season. 

Or to kill in any one day, more than ten quail, commonly 
called Virginia partridge, or more than forty of these birds in 
any one week, or more than seventy-five of these birds in 
one season. 

Or to kill more than one wild-turkey in any one day or more 
than two wild-turkeys in any one season. 

Penalty $25 for each one killed in violation of law. 

Section 17, Act May 1, 1909, page 43. 

Or to kill more than ten rabbits in any one day. 

Or to kill in any one day, more than six of the combined 
kinds of fox, black or grey squirrels. 

Penalty $10. 

Section 25, Act May 1, 1909, page 48. 

It is illegal to kill or capture any bear or cub from the first 
day of .January to the first day of October of each year. 

Or to have in possession any bear or cub caught or taken 
during that time. 



76 GAME, FISH AND FORESTRY LAWS. 

Penalty $50 for each. Jaear or cub killed, or possessed con- 
trary to law. 

Section 25, Act May 1, 1909, page 48. 

It is illegal to use ferrets in hunting rabbits. 
Penalty $25. 

Ferrets used in violation to law to be killed. 
Section 27, Act May 1, 1909, page 49. 

It is illegal at any time to set, lay or prepare or use any 
kind of a trap, snare, net, bird-lime, pit-fall, deer lick, turkey 
blind, turkey call, turkey pen, or any other kind of a con- 
trivance whatever, within intent to capture or kill any of the 
wild birds or animals protected by the laws of this State. 

Except that decoys may be used in hunting geese, ducks and 
brant. 

And that rabbits may be taken in season only through the 
use of a gun and by box traps. Bear may be caught in a pen. 
Steel traps forbidden for catching bear or game of any kind. 

Amended section 15, Act May 1, 1909, page 42. 

Quail may be trapped from the first day of January to the 
first day of April for the purpose of keeping them alive during 
the winter for the purpose of separating a covey, and all 
birds so trapped must be released as soon as the weather is 
suitable in the spring. 

Section 30, Act May 1, 1909, page 51. 

Plover can be legally killed from July 15 to December 1, in 
each 3^ear. 

Ducks ?>nd geese commonly called vild water fowl may be 
legally killed from September 1 to the 10th day of April next 
following. 

Rail and reed birds can be legally killed from September 1 
to January 1. 

Blackbirds of all kinds may be killed from September 1 to 
January 1. 

Doves may be killed from Seotember 1 to January 1. 
Penalty $10 for each bird killed illegally. 
Section 14, Act May 1, 1909, page 41. 

It is illegal to hunt or pursue or follow after with intent to 
kill or injure web footed wild fowl (ducks, geese or brant), 



GAME, PISH AND FORESTRY LAWS. 77 

from or with any craft propelled by any means other than 
oars, pole, or hand paddles. 

Penalty $50 per day for each day, such illegal craft may he 
used, and forfeiture of all boats, guns, and shooting parapher- 
nalia used in violating the law. 

All guns and shooting paiaphernalia used in violating any 
game law of the Common vvealth, forfeited, unless penalty im- 
posed and costs be paid. 

Section 16, Act May 1st, 1909, page 42. 

It is unlawful to hunt game birds of any kind during the 
night time. Penalty $50. The word "night" dehned. 
Section 15, Act 1909, page 42. 

Wild water-fowl not to be shot at before sunrise of any 
day. 

Sec.tion 2, Act June 15th, 1911, page 60. 

It is illegal to hunt or kill for wages or hire, directly or in- 
directly, any deer, or fawn, ruffed grouse, commonly called 
pheasant, quail commonly called \irginia partridge, wild- 
turkey or woodcock. 

Penalty $25. 

Section 24, Act May 1, 1909, page 48. 

Beaver are protected at all times. 

Penalty $100. 

Act March 17, 1903, page 17. 

Woodchucks or ground hogs, possums, foxes, wild cat, mink, 
weasels, skunks, porcupine, musk rats, and red squirrel can 
be killed at any time. 

All non-residents must secure a license before hunting in 
this State. Fee $10. Penalty $25, and forfeiture of all gun- 
ning paraphernalia found in possession of arrested parties. 

Act of April 14, 1903, page 19. 

Game of all kinds may be held in possession for thirty days, 
after the close of the season for killing the same. 
Section 26, Act May 1, 1909, page 49. 

The coon is made a game animal and protected from Janu- 
ary 1st to September 1st of each year. 
Section 1, Act Jime 3, 1911, page 58. 



78 GAME, FISH AND FORESTRY LAWS. 

Special attention is called to the fact that all guns, boats 
and shooting paraphernalia used in violating the law, are de- 
clared forfeited, unless penalty and costs imposed be paid. 

Section 4, Act May 1, 1909, page 31. 

Special attention is called to the fact that a second offense 
carries sure imprisonment, the payment of the penalty brings 
no relief. 

Section 4, Act May 1, 1909, page 31. 

Special attention is called to the fact that game killed in 
this Commonwealth may be had in possession only, during the 
open season for such game and for thirty days thereafter. 
Remember therefore that when a deer or a number of deer are 
brought out of the woods on the last day of the season that 
they must be consumed before the first day of January next 
following. This is the law. If hunters ar not disposed to abide 
by its provisions they need not kill the deer. If game of any 
kind is taken at all, it is taken under the provisions 6t the 
law, and of all the law. If it is taken and had in possession 
after the lapse of thirty days after the close of the season the 
holder thereof must be prepared to abide by the consequences. 

Special attention of hunters is called to the act relative to 
trespass, on page 24. The act is not a game law but is pub- 
lished in this book for the benefit of sportsmen, both hunters 
and fishermen. 

Special attention is called to section 20 of the act of May 1, 
1909, relative to the use of dogs in hunting deer. Who shall be 
liable to pay penalty, and what shall constitute a violation of 
this provision. 

Page 45. 

Special attention of men who own dogs is called to section 21 
of the act of May 1, 1909, relative to dogs hunting small game 
out of season, page. No person except the owner of land or 
the lessee of such land, or an officer of the State whose duty it 
is to protect the game of the State, can kill a dog for violation 
of the provisions of this act, and then only under prescribed 
conditions, and on land not controlled by the owner of such 
dog. 

Under the provisions of the Act of 1911, dogs without a tax 
collector's tag to their collars, are made a public nuisance, and 
may be killed by certain persons and it is made the duty of 
the constable to kill all such dogs. 

Page 62. 



GAME, FISH AND FORESTRY LAWS. 79 

Deer are fond of salt and are benefited by salt just as much 
as are cattle, and it is not a violation of the law of this State 
to place salt where deer may secure it. But it is a violation 
of law to create a deer lick with intent to attract deer so that 
they may be killed at the lick, or to kill deer at a lick no 
matter what the reason for its creation might be. 

Bear may be killed as a protection to property or person at 
any time under certain restrictions. 
Section 25, Act May 1, 1909, page 49. 

Bear rabbits and squirrels, taken alive during the open 
season, legally, may be retained alive during the close season. 

The law forbidding the killing of any but a male deer with 
horns was passed more to protect human life than to protect 
deer; 18 men were killed and something like twice that num- 
ber wounded by deer hunters in the United States in 1909 
The bird hunter and others claim they have as much right in 
the woods during the last two weeks of November as have deer 
hunters and have a right to all the protection that can be 
thrown around them by law. 

These 18 men were killed in mistake for deer, not acciden- 
tally, in 5 states wherein deer, without regard to sex could be 
killed. Against this is the record of 9 states forbidding the 
killing of female deer, with not one human being killed in this 
way. 

20 men were killed in the United States in mistake for deer 
during the season of 1910, Not one of them being in States 
prohibiting the killing of does. 

The State refuses to appropriate money wherewith to buy 
deer to be turned out for some one to shoot. 

Certificates to take birds, their nests and eggs for scientific 
study are limited to teachers in public schools and to men 
connected with public museums. 

Section 6, Act May 1, 1909, page 32. 

Persons desiring to raise game in preserves for either sale 
or gift must secure a license and must make report to the 
Game Commission. 

Section 7, Act May 1, 1909, page 34, 

The act requiring non-residents to secure a license before 
hunting in this Commonwealth, was passed as much to pro- 



80 GAME, FISH AND FORESTRY LAWS. 

tect the farmers of our border counties, as to protect game, and 
says, "the non-resident must secure a license before beginning 
to hunt, it does not say before beginning to hunt for game, 
and a non-resident hunting for woodchuck or any other animal 
or any bird not classed as game, v.ithout first securing a 
license, is surely violating both the spirit and the letter of the 
law. 

The act forbidding the unnaturalized foreign-born resident 
to hunt or shoot or to even be possessed of a gun, was passed 
by the Legislature and signed by the Governor on the 8th day 
of May, 1909, and has been pronounced constitutional by the 
Superior Court, and Supreme Court of this State. 

See citation No. 46, page 203. 

All taxidermists must secure a license before beginning to 
operate in Pennsylvania. 

Taxidermists have the right to receive and cure and mount 
the skins of birds and animals, that have been legally killed 
in this State, they have no right to kill one bird or animal 
through or because of their certificate. 

The Legislature of 1911 failed to make an appropriation for 
the payment of bounties, therefore there is no fund from which 
to pay bounties at this time. 



GAME, FISH AND FORESTRY LAWS. 



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Index to Game Laws. 



A. 

Pace. 

Acknowledgment of offense, right of 28,53,57,61 

Actions, time limitations 52,56,80 

Address , Game Commission , 65 

Advertisement by Game Commission, 16 58 

Affidavit 27,45,52,56,60 

Aid in making arrests 16 

Air guns, 21 

Alderman, 27,45,52,66,60 

All wild birds other than game birds, protected absolutely, .... 39 

Anatideal , game birds 31 

Animals and birds destructive of game, , 39 

Annual statement from propagating plant 36 

Annual statement from taxidermists, 33 

Aparatus, forfeiture of, '. 16,35,54,58 

Appeal, right of 23,53,57 

Application of fines and penalties 17,52,57,61 

Application for certificate to take birds, 32,34 

Application for certificate to practice taxidermy, 33 

Application for certificate to operate propagating plant, 34 

Appointment of Game' Commissioners 9 

Appointment of Game Protectors, 10 

Appointment of Deputy Game Protectors, 18 

Appointment of Special Deputy Game Protectors 24 

Arrest 11,15,16,28,62,66,60 

Arrest, aid In making, 16 

Arrest, resisting or interfering with^ 16 

Arrest, on Sunday, 15 

Arrest, without warrant, 15 

Artificial lights , 42 

Association , suggestions on , 271 

Auction 13,16,81,58 

Automntic guns, 29 

B. 

Ball or bullet, in hunting deer, 45 

Barn swallow, wild bird other than game, absolutely protected, 39 

Barn owl, wild bird other than game bird, absolutely protected, 39 

Barrel owl , not protected 39 

Bear, open season for 49 

Bear, may be killed as protection to person or property, 49 

Bear, may be taken In pen 42 

Bear, steel trap not permitted, 42 

(83) 



84 INDEX. 

„ Page. 

Bear pen must be visited once in every 48 hours 42 

Beaver, protected absolutely, 17 

Bee bird, wild bird other than game bird, protected absolutely, ,. 39 

Belgian hare, 39 

Birds, wild, other than game birds, protected at all times, 39 

Birds not to be kept in cages 39 

Birds nests and eggs protected, 40 

Birds may be taken under certificate, 32,34 

Birds , certain , not protected 39 

Bittern, not protected, 39 

Black cap, wild bird other than game bird, protected at all times, .. 39 

Black bird , game bird 32 

Black bird , open season for , 41 

Black squirrel open season for, 48 

Black squirrel, number that may be taken, 48 

Black squirrel, may be bought and sold 47 

Black squirrel , time it may be held in possession, 49 

Blue bird, absolutely protected nt all times, 39 

Blue finch, absolutely protected at all times 39 

Blue heron , not protected , 39 

Blue jay , not protected , 39 

Boat, kind that may be legally used in bunting, 42 

Boat, forfeiture to Commonwealth, 31 

Bobolink, or reed bird, game bird, 32 

Bobolink, or reed bird, open season for, 41 

Bond, from game propagating plant 36 

Bought or sold, certain game cannot be 46 

Bought or sold, certain game can be 47 

Box traps 42 

Brant , game bird , 81 

Buck deer, with visible horns 43 

Buckshot, Illegal to use in killing deer, 45 

Bullet, or ball in hunting deer, 45 

Bunting, wild bird other than gamebird, protected at all times, .... 39 

Buzzard, not protected, 89 



Cages , birds not to be confined In , 89 

Canaries, right to keep in cages, 39 

Cardinal, or red bird, wild bird other than game bird, protected at 

all times, 39 

Cat bird, wild bird other than gamebird, protected absolutely, .... 39 
Cedar bird, or wax wing, wild bird other than game bird, protected 

at all times " 39 

Certificates, for the taking of birds, ordinary 32 

Certificates, for the taking of birds, special 34 

Certificates for non-residents, before hunting 19 

Certificates for propagating purposes 34 

Certificates, not transferable, 35 

Certificates, forfeiture of, 35 

Chat, wild bird other than a game bird, protected absolutely 39 

Cherry bird, wild bird other than game bird, protected absolutely, .. 39 

Chewink, wild bird other than game, protected absolutely, .... 39 

Ohlcadee, wild bird, other than game bird, protected absolutely, .. 39 

Chippy, wild bird other than game bird, protected absolutely, .. 39 



INDEX. 85 

- Page. 

Close season , 30 

Collars on dogs , 46 , 62 

Commitment of offenders , 15 , 23 , 24 , 28 , 52 , 57 , 61 

Common carriers , 50 

Convictions, before aldermaia or justice or court, 15,23,24,28,52,57,61 

Convictions, summary 15,23,24,28,52,57,61 

Coon a game animal open season for, 58 

Cooper's hawk , not protected , 39 

Coots , game bl rds 31 

Coots , open season for , 41 

Coots, may be bought and sold, 47 

Costs of suit , 22 

Court decisions , 192 

Court, quarter sessions 28,53,57,61 

Cow bird, black bird, game bird 32 

Cow- bird , open season for , 41 

Cow bird , may be bought or sold , 49 

Crane , not protected 39 

Craft, water of certain kinds forbidden, 42 

Creeper, wild bird other than game birds, protected absolutely, .. 39 

Crow , not protected , 39 

Cuckoo, wild gird other than game bird, protected absolutely 39 

Curlew, game bird, 31 

Curlew , open season for , 41 

Curlew, may be bought and sold, 49 

Cured or tanned skins, may be held In possession 33 

D. 

Decisions, pertaining to game and fish, 192 

Decoys , may be used , 42,59 

Decoys, may be forfeited, 31 

Deer, buck with visible horns may be killed, 43 

Deer, open season for, 43 

Deer, may not be killed in water, 44 

Deer, killed limited to use of gun, 44 

Deer, number that may be legally killed, 43 

Deer, purchase and sale prohibited 46 

De^r, shipment out of the State prohibited, 50 

Deer, shipment out of the State prohibited, exception, 51 

Deer, licks prohibited, 42 

Deer, use of dogs forbidden, 44 

Deer, buckshot prohibited, 44 

Deer not to be killed for wages or hire, 48 

Deer, time may be legally held after close of season 49 

Deer killed in preserves under certificate, 37 

Deception forbidden , 37 

Defendants may acknowledge commission of offense and pay 

penalty 28,52,57,61 

Deputy , game protectors , 18 

Deputy, special, 24 

Deputy, compensation of, 18 

Designation of seasons '. 30 

Destruction of birds nests prohibited, 40 

Destructive, animals to be destroyed 48 

Disposition of game when seized 16 

Disposition of penalties , 28 , 52 , 57 , 61 

Disposition of boats , guns , etc. 16 , 31 

Dogs, may not be used in hunting deer, 42 

Dogs, may be killed when seen running deer 45 



86 INDEX. 

_ ' Page. 

Dogs, may be killed upon affidavit within one year 45 

Dogs, owners of, liable to penalty, 46 

Dogs , running small game , \ 45 

Dogs , on State lands 26 

Dogs , train , time for \ 49 

Dogs, declared a public nuisance, '.'.., 46,64 

Dogs , to be assessed , '62 

Dogs, legal status of, 200 

Domestic pets, birds not to be confined In cages as 39 

Double , liability , 81,46 

Doves , game birds '32 

Doves, open season for, 41 

Doves may be bought and sold , 47 

Downey woodpecker, wild bird other than game bird, protected ali 

times 39 

Ducks, wild, game bird, 61 

Duck , open season for , 41 

Ducks may be bought and sold 47 

Ducks may not be hunted except from certain boats 42 

Duck hawk, not protected, 89 

Duplicate tags, mutilation of, punished, 87 

Duplicate tags to be returned to Game Comn:.isslon , 88 

Duty of Game Commission 10 

Duty of Game Protectors , 13 

Hntv of constables , ■"" 

Duty of aldermen, justices and courts 27,45,52,56,60 

B. 

Eagle not protected 39 

Educational purposes, birds may be kept for, 32 

Eggs and nests of wild birds, 40 

Egret, wildbird other than game bird, protected at all times 89 

Elk, not protected, 45 

English sparrow, not protected, 89 

English pheasant, game bird 32 

English pheasant, open season for, 41 

Engli<jh pheasant, may be bought and sold ^"^ 

English pheasant, number that may be killed, 43 

Evidence, to be heard by alderman or justice, prima facie, ..27,45,62,56,60 

Expenses, game protectors, 17 

Express Company not to carry game out of State 50 

Express Company, exception, 50 

P. 

Ferret, use of. In bunting, prohibited, 42 

Ferret to be killed, 60 

Fees, for certificates 36 

Fines, disposition of 27,45,52,56,60 

Finch, wild bird, other than game bird, protected at all times,.. 39 

First offense 81 

Flicker, wild bird other than game bird, protected at all times, .. 39 

Flycatcher, wild bird other than game bird, protected at all times, 39 

Plobert rifle, 21 

Foreign born residents, unnaturalized, cannot hunt 54 

Forfeiture of game and shooting paraphernalia, 16 

Forfeiture of boats 31 



INDEX. 87 

Page. 

Forfeittiie of ot'rtificate 35 

Fowl , Avild \v:i ter , 31 

Fox, not to be biougbt into this State and released, 40 

Fox-squiirel , game, 48 

P'ox-synii rel , open season for, 48 

FiDX-squirrel, may be bought and sold, 47 

Fox-squirrel , number that may be taken 48 

O. 

Gallinules , game birds 31 

Game, right of the State to control, 192 

Game Commission, appointment of, 9 

Game Commission, meeting of 10 

Game Commission, duties of, 10 

Game Commission, game laws not to apply to, 32 

Game Commission, right to destroy vermin, 32 

Game preserves, owned by the State, 26 

Game preserves, owned by private individuals 34 

Game protector, appointment of, 11 

Game protector, powers of, 11,15,20 

Game protector, tenure of otfice, 11 

Game, classification of, 31 

Game , open season for , 40 , 41 , 58 

Game, not to be taken, except with gun, 42 

Game, limit, number to be taken, 43,44,48 

Game, purchase and sale of certain, prohibited, 46,47 

Game, purchase and sale of certain, permitted, 47 

Game, removal of certain, out of State, prohibited, 50 

Game, removal of certain, out of State, permitted, 50,51 

Game, time it may be held in possession, 47 

(Jame, disposition of ,_ when seized, 16 

(Jame protectors, must surrender all penalties to Commmonwealth,17,28,52,61 

Game protectors, rights and powers of, 15 

Game, hunting of, for wages or hire prohibited, 48 

Game, owner and control of, 192 

Game , commerce in , 201 

Game preserves , 26 

Game in transit , 50 

Game, non-resident with license, may carry out of State, 51 

Game, possession of during close season 51 

Gender 30 

Gnat catcher, wild bird other than game bird, protected at all times. 39 

Goose, wild, game bird, 31 

Goose, wild, open season, 41 

Goose, wild may be bought and sold 47 

Goose, wild, decoys and blinds may be used in killing, 42 

Goose, wild, not to be killed from certain boats, 42 

Goshawk, not protected 39 

Grackle, or blackbird, game bird, 32 

Grackle, or blackbird, open season for, 41 

Grackle, or blackbird, may be bought and sold, • 47 

Grass snipe, or upland plover, game bird, 31 

Grass snipe, or upland plover, open season for, 41 

rJrass snipe, or upland plover, may be bought and sold, 47 

Great blue heron , not protected , 39 

Grebe, game bird , 31 



88 INDEX. 

Pago. 

Grebe , open season for 41 

Grebe, may be bought and sold, 47 

Grebe, not to be killed from certain boats, 42 

Grey SQuirrel , game 48 

Grey squirrel, open season for, 48 

Grey squirrel, number that may be killed, 48 

Grey squirrel , may be bought and sold , 47 

Great horned owl , not protected 3f> 

Green heron, not protected , 39 

Grosbeak, or red bird, wild bird other than game bird, protected 

at all times , 39 

Grouse , game bird 32 

Grouse , open season for ■ 58 

Grouse, not to be killed except with gun 42 

Grouse, not to be bought or sold 46 

Grouse , exception -. 47 

Grouse, not to be removed out of State 50 

Grouse, not to be removed out of State, exception, 51 

Grouse, number that may be killed, 42 

Grouse not to be killed during night time, 48 

Grouse not to be killed for wage or hire, 43 

Gull, wild bird other than game bird protected absolutely at all 

times , 39 

Gun, use of, in taking game, 42 

Gun, punt or swivel , prohibited, 42 

Gun, automatic, prohibited 29 

Gun, propelling more than one bullet at deer, prohibited 45 

Gun, forfeiture of 16,31,54 

Gun, disposition of, when seized, 16,31,54,58 

H. 

Hair bird, wild bird other than game bird, protected absolutely at 

all times 39 

Hare , Belgian , 39 

Hearings 27 , 45 , 52 , 56 , 60 

Hens , mud , or coot game bird , 31 

Hens , mud , or coot , open season for , • 41 

Hens, mud, or coot, may be bought and sold, 47 

Hens, mud, or coot, time they may be had in possession, 47 

Heron, green, not protected, 39 

High holder, or flicker, wild bird other than game bird, protected 

absolutely at all times, 39 

Hire, no hunting for, 48 

Horned owl , not protected, 39 

Hospital , game to be sent to , 16 

Humming bird, wild bird other than game bird, protected abs)!ut-'ly 

at all times 39 

Hungarian quail, , 41 

Hunting, certain metliods only permitted, 42 

Hunting, certain methods prohibited, 42 

Hunting, seasons "for, 41,48,49.58 

Hunting, deer with drgs pro'nbited, 45 

Hunting, by non-residents without license forbidden, 19 

Hunting, by unnaturalized foreign-boi-n residents, prohibited, 54 

Hunting, on Sunday prohibited , 30 



INDEX. 89 

Page. 

Huntins? during night-timo forbidrlen, 42,00 

Hunting with automatic giiis. fn-bidden 29 

Hunting, parapliernalia, forfeited, 16,31 

I. 

importation of certain birds and animals forbidden, 40 

Imprisonment, where penatly is not paid, 27,45,62,60 

Imprisonment for .second offense, 81 

Indigo bird, wild bird otlier than game bird, absolutely protected 

at *11 times , 89 

Insectivorous birds, wild birds other than game birds, absolutely pro- 
tected at all times , 89 

Inspection of propagating plant, 86 

Interfering with birds' nests , 40 

Interfering with officers 16 

J. 

Jack snipe, game bird, 81 

lack snipe, open season for 

Jay bird , not protected 39 

tolnt resolution, directing publication of this pamphlet, 

Judge of Court of Quarter Sessions, 39 

Junco, wild birds other than game bird, absolutely protectea ai nu 

times , nv 

Justice of the peace and alderman 15 , 27 , 46 , 62 , 60 

Jurisdiction of game protectors 11 

Jnrigdiction of constables 12 

K. 

Killed, dogs to be found running deer 45 

Killed, dogs to be fouud running small game, 46 

Killing deer In water prohibited, 44 

Killing deer, except male with visible horns forbidden, 43 

Killing game, except with a gun forbidden, 42 

Kill-deer, ring-neck plover, game bird, 81 

Kill-deer, ring-neck plover, open season for, 41 

Kill-deer, ring-neck plover, may be bought and sold, 47 

King bird, wild bird other than game bird, 89 

King bird, absolutely protected at all times, 39 

King Fisher, not protected 39 

Kinglet, wild bird other than game bird protected absolutely at all 

times 39 

L. 

Lark meadow, wild bird other than game bird abosiutely protected 

at all times 89 

Launches, prohibited In hunting wild water fowl, 42 

Law , decisions of courts , 192 

Letter of transmittal 5 

Liability, of owners of dogs that run deer 45 

Liability of men who take dogs into the woods, 44 

Lick , deer , prohibited , 42 

License, to take birds, 32,83,34 

License, to practice taxidermy, 38 

License to propagate game for sale, 34 

License to non-residents to hunt, 31 

Limicolae , game birds , 19 

fjimitatlon, of time In which to prosecute, Rl 

Linnet, wild bird other than game bii'd, 39 



90 INDEX 

Page. 

Ldnnet, absolutely protected at all times 39 

Loon , game bird 31 

Loon , open season for , 41 

Loon, may be bought and sold, 47 



M. 



Magistrates, duties of 15,27,45,52,56,60 

Martin, wild bird otbor than game bird, absolutely protected at all 

times 39 

Meadowlark, wild bird other than game bird absolutely protected, .. 39 

Meeting of Game Commission 10 

Misdemeanor 27,45,52,56,60 

Mocking bird, wild bird other than game bird protected absolutely, 39 

Mongolifin pheasant, game bird, 31 

Mongolian pheasant, open season for 58 

Mongolian pheasant, be bought or sold, 47 

Mounted or cured skins , 32 

Mud hen, or coots, game birds, 31 

Mud hen, or coots, open season for, 41 

Mud hen, or coots, may be bought or sold, 47 

Mutilation or removal of tags 38 



Names on dogs' collars, 40 

Nests and eggs of wild birds not to be interfered with 40 

Netting of game forbidden, 42 

Night hawk, wild bird other than game birds aboslutely protected, 39 

Night heron , not protected , 39- 

Night time, no killing of game during, defined, 42,60 

Non-residents, must secure license to hunt, 19 

Non-residents can carry certain game out of State 51 

Not protected, certain birds, 39' 

Notice , trespass , 22 , 24 

Notice to owner of dogs running deer, 45 

Notice to owner of dogs running small game, 46 

Number of game birds or animals that may be killed legally 43,48 

Number of deer , 43 

Number of grouse ^ 43 

Number of wild turkeys, 43 

Number of quail , 43 

Number of woodcock , 43 

Number of squirrel , 48 

Number of rabbits, 48 

Nut hatch, wild bird other than game birds absolutely protected,.. 31 



INDEX. 91 

Page. 
O. 

Office of the Game Commission , 10 

Officers, refusing or neglecting to do their duty 14 

Officers, Interference with, 16 

Officers , reeisting arrest by 16 

Offence , first , 31 

Offence, second, 31 

Open season for game defined , 30 

Open season for deer 43 

Open season for grouse, quail, woodcock, wild-turk»7, 58 

Open season for bear, rabbits, squirrels 48,49 

Open season for ducks and geese, 41 

Open season for shore birds 41 

Open season for black birds, 41 

Ordinary certificates , 32 

Oriole, wild bird other than game bird protected absolutely, 39 

Organization, suggestions for 271 

Osprey . not protected , 89 

Owls, wild birds other than game blrlf< absolutely protected 39 

Owls, absolutely protected at all times, exceptions, 39 

Owners of dogs, liability of, 45 



Paraphernalia, forfeited, disposition of, 16,31 

Partridge, or quail, classification of, 31 

Partridge, or quail , open season for 58 

Partridge, or quail, not to be killed except with gun 42 

Partridge, or quail, not to be killed for wages or hire, 48 

Partridge, or quail, not to be purchased or sold 46 

Partridge, or quail, not to be removed out of State, 50 

Partridge, or quail, number that may be legally killed, 43 

Partridge, or quail, may be trapped for special purposes, ; 51 

Partridge, or quail, time may be had In possession, 47 

Pellet, bullet or ball, but one at a single discharge at a deer, 45 

Pelts, of certain animals 82,83 

Pen, for catching bear, 42 

Penalties 16,17,20,31,38,39,40,41,42,44.47 

Penalties, not to apply to, 82 

Penalties, how distributed 16,52,57,61 

Penalties, right to pay, 28,52,57,62 

Person , the word defined , 39 

Pewee, wild bird other than game bird, 39 

Pewee protected absolutely at all times, 39 

Pheasant. (See Grouse.) 

Pheasant, English, Mongolian or Chinese, 32 

Pheasant, number that may be legally taken, 43 

Pheasant, not to he killed except with a gun, 42 

Pheasant not to be killed for wages or hire, 48 

Pheasant not to be bought or sold 46 

Phoebe bird, wild bird other than game bird 89 

Phoebe bird absolutely protected at all times, 39 

Pigeon, wild, absolutely protected at all times 39 

Pigeon hawk, not protected, 89 

Plleated woodpecker, wild bird other than game bird absolutely pro- 
tected 89 

Pine squirrel, not protected, 4» 

Pitfall , forbidden 42 



92 INDEX. 

Page. 

Plover, game birds, 31 

Plover , open season for , 41 

Plover, may be bought and sold, 47 

Possession, of game prima facie evidence, 20,51,55 

Possession of game unlawful , 47 

Posted lands , trespass on 22 , 24 

Powers of game protectors, 16 

Preserves, for game, owned by the State, 26 

Preserves , for game , owned by Individuals 34 , 35 , 36 

President of Game Commission, permission of, at certain times, .... 33 

Prima facie evidence 51 , 55 

Procdure at trials, 27,52,56,60 

I'roperty seized, disposition of, 16,31,54 

Propagation of game, " 34 

I^rosecutors , right of 52 , 57 , 61 

Protection of trees or crops or persons applies to animals only, .... 48 

Protection to trees or corps or persons, birds may not be killed for, . . 71 

Protectors , game 10 

Provisions of Act not to apply, 32 

Public institutions in which birds may be kept, 32 

Public nuisance, when dogs become, 64 

Pursuit, immediately following act of violating law 45,52,56,60 

Pursuit of bear , when legal , 4» 

Q. 

Quail, or Virginia partridge, classification of 81 

Quail, or Virginia partridge, open season for, 58 

Quail, or Virginia partridge, to be killed only with a gun, 42 

Quail, or Virginia partridge, not to be killed for wages or hire 48 

Quail, or Virginia partridge, not to be bought or sold, 46,47 

Quail, or Virginia partridge, not to be shipped out of State, excep- 
tions , 51 

Quail, or Virginia partridire, number that may be killed, 43 

Quail, or Virginia partridge, may be trapped for special purpose, .. 51 

Quail, or Virginia partridge, time may be had in possession 47 

R. 

Rabbit or hare , game , 48 

Rabbit may be trapped, 42 

Uiibhit or hare, open season for 48 

Rabbit or hare, number that may be taken, 48 

Rabbit or hare, may be killed as a protection to trees 48 

Rabbit or hare, not to be hunted with ferrets, 47 

Rabbit or hare, may be bought and sold within State, 47 

Rabbit or hare, killed as protection to trees, cannot be used as food, 48 

Raccoon, open season for, 58 

Railroads, nut to carry game out of State 50 

Railroads, not to carry game out of State, exceptions, 50,51 

Rallidae, game birds, 31 

Rail, game bird 31 

Rail , open season for 41 

Rail, may be bought and sold within State, 47 

Raven, not protected, 39 

Receipt , from Game Protector , 29 , 53 , 57 

Recognizance, 29,53,57 

Records of Alderman or Justice 70 

Record costs, liability for, 22 



INDEX. 93 

Page. 

Red-bird, wild bird other than game bird absolutely protected, . . 39 
Bed bellied woodpecker, wild bird other than game bird, absolutely 

protected, 39 

Bed headed woodpecker, wild bird other than game bird absolutely 

protected , 39 

Red squirrel , not protected, 48 

Red start, wild bird other than game bird absolutely protected 39 

Red wing black bird, game bird, 31 

Red wing black bird, open season for 41 

Red wing black bird, may be bought and sold, 47 

Reed bird, game bird, ". 31 

Reed bird , open season , 41 

Reed bird may be bought and sold, 47 

Removal of game or birds out of State illegal, 50 

Removal of game birds out of State Illegal, exception, 60,51 

Removal of game or birds out of State illegal, tags 37 

Report of Game Commissioners to Governor, 10 

Reservation of preserve , .* 26 

Resisting arrest , 16 

Right of State to protect game 192 

Right of defendant to settle case, 29,53,57,61 

River ducks , game birds , 31 

Robin, wild bird other than game bird absolutely protected, 39 

Ruffed grouse, classification ' 31 

Ruffed grouse, open season for, . ._ 58 

Ruffed grouse, not to be killed except with gun, 42 

Ruffed grouse, not to be killed for wages or hire 48 

Ruffed grouse not to be bought or sold, 46 

Ruffed grouse not to be carried out of State 50 

Ruffed grouse not to be carried out of State, exception 60,51 

Ruffed grouse, time may be had in possession, 47 

Buffed grouse, number that may be killed, 43 



Sale of certain game prohibited 46 

Sale, all wild birds other than game birds, prohibited 39 

Sale) guns and paraphernalia seized, 16,31,64,58 

Salad bird, yellow bird, wild bird other than game bird absolutely 

protected , 39 

Sand pipers , game birds , 31 

Sand pipers, open season for, 41 

Sand pipers, can be bought and sold, 47 

Sap sucker, wild bird other than game bird 39 

Sap sucker, absolutely protected at all times, 32,34 

Scarlet Tanager, wild bird other than game bird absolutely protected, 39 

Screech owl, wild bird other than game bird absolutely protected, 39 

Sea ducks , game birds , 31 

Search , without warrant 15 

Search warrant , 15 

Second offense 31 

Second use of tags 38 

Seizure , right of , 15,16,20 

Sentence, by alderman or justice or court, 16,28,52,57,61 

Sharp-shinned hawk, not protected, 39 

Shipment of game out of State prohibited, 50 

Shipment of wild birds out of State prohibited 82 



94 INDEX 

Page. 

Shipment of wild birds of State, exceptions, 33 

Shore birds , game birds , 31 

Shore birds , open season for, 41 

Shore birds , may be tK)ught and sold, 47 

Shooting on Sunday, prohibtled 30 

Shooting before sunrise prohibited 60 

Shooting paraphernalia forfeited, 16,20,81 

Shrike , not protected , 39 

Singular, and plural number, 80 

Skins, tanned or cured may be retained 31 

Snaring birds or animals forbidden, 42 

Snipe, game birds, 31 

Snipe, open season for, 41 

Snipe, may be bought and sold 47 

Snow bird, wild bird other than game bird absolutely protected, .. 39 

Snow flake, wild bird other than game birds absolutely protected, . . 39 

Sold, or bought, certain game cannot be, 48 

Sold, or bough, certain game can* be, 47 

Song birds, wild birds other than game birds absolutely protected, .. 89 

Sparrows, of all kinds, excepting English, absolutely protected, . . 39 

Sparrows , English , not protected , 89 

Special certificate , 34 

Special notice, 45,48 

Special Deputy, game protector 24 

Squirrel, black, fox and grey, protected, 48 

Squirrel, black, fox and grey, open season for 48 

Squirrel, black, fox and grey, may be bought and sold, 48 

Squirrel, black, fox and grey, number that may be killed ,.. 48 

Squirrel, black, fox or grey, killed as a protection to crops, .... 48 

Squirrel, black, fox and grey, cannot be used as food 48 

Starling, not protected 39 

Status of game ^ 192 

Streams, deer not to be killed in, ..* 44 

Suggestions for organization, 271 

Summary , 68 

Summary conviction, 52,56,60 

Sunday, there shall be no shooting on, 80 

Sunday, arrests may be made on 18 

Sunrlne, shooting before prohibited , . . . ; 60 

Swallow, all kinds, wild bird other than game bird absolutely pro 

tected, 39 

Swan, game bird, .' 31 

Swan , open season for 41 

Swan, may be bought and sold, 4*^ 

Swift, wild tiird other than game bird absolutely protected, 39 

T. 

Table of game, time of taking, etc., 81,82 

Tag, to game shipped from preserves 37 

Tag to be returned to Game Commission, 37 

Tag on dogs , 46 , 62 

Taking game, in any manner except with gun forbidden, 42 

Taking game, in any manner except with gun, forbidden, exceptions, 42,48 

Tanager, Scarlet, wild bird other than game bird absolutely protected, 39 

Tanned, or cured skins, may be had In possession, 82 

Tattler , game bird J^ 

Tattler , open season f or , 41 



INDEX. db 

Page. 

Tattler, may be boujjbt aud sold, 47 

Taxaticu on (logs, 62 

Taxidermists, certificate required, 33 

Teuaiits, right to kill dogs, . 46 

Teuauts, right to kill rabbits or squirrels, 48 

Thrasher, wild birds other than game birds absolutely protected, . . 39 

Thrush, wild bird other than game bird absolutely protected, 39 

Tilt-up, game bird 31 

Tilt-up open seasuu for, 41 

Time limit for actions 52,56,60 

Time game may be lield after close of season, 49 

Titmouse, wild bird other than game bird absolutely protected, 39 

Training of dogs , 46 

Transportation of game of State forbidden, 50 

Transportation of game out of State forbidden, exceptions, .j0,51,32 

Transportation of wild birds out of State forbidden 32 

Transportation of wild birds out of State forbidden, exceptions 33 

Traps that are legal , 42 

Trapping of game or birds illegal , 42 

Trapping of g ime or birds illegal , exceptions, 42 

Trespass on private grounds posted 22,24 

Turkey, wild, classitieatiou of 31 

Turkey, wild, open season for, 58 

Turkey, wild, not to be killed except with gun, 42 

Turkey, wild, not to be killed for wages or hire, 48 

Turkey, wild, not to be bought or s.old, no difference where killed, 47 

Turkey, wild, not to be carried out of State, 50 

Turkey, Avild, number that may be legally killed, 43 

Turkey, wild, time may be had in possession 49 

Turkey, wild, exceptions 50,51 

U. 

Unnaturalized foreign born residents cannot hunt 54 

Unprotected birds, list of 39 

Unprotected animals, list of 81,82 

Upland or grass plover; game bird, 31 

Upland or grass plover, open season for 41 

Upland or grass plover, may be bought and sold, 47 

V. 

Vacancy in Game Commission, how filled, 9 

Veery, wild bird other than game bird absolutely protected, 39 

Vireo, wild bird other than game bird absolutely protected 39 

Virginia partridge. (See quail.) 

Wages or hire, no hunting for 48 

Warblers, wild birds other than game birds all kinds absolutely pro- 
tected, 39 

Wardens, constables, all game, 12 

Warrants of arrest 15 , 27 , 52 , 60 

Warrants of search , 15 

Water craft, 42 

Waters , deer not to be killed in , 44 

Wax wing, or cedar bird, wild other than game birds, 39 

Whippoorwill, wild bird other than game birds 39 

Wild birds other than game birds, all protected, 39 

Wild birds other than game birds, all protected, exceptions, 39 



f(( 



INDEX. 



Wild birds other than game birds, nests or eggs not to be interfered 

with 

Wild birds other than game birds not to be kept in cages, 

Wild birds other than game birds not to be shipped out of State, . . . 

Wild ducks and other water fowl 

Wild turkey , 

Woodcock , classiflcation of, 

Woodcock , open season for , 

Woodcock, not to be killed except with gun, 

Woodcock, not to be killed for wages or hire 

Woodcock, not to be bought or sold, no matter when killed 

Woodcock, not to be carried out of State 

Woodcock, not to be carried out of State, exception, 

Woodcock, number that may be legally taken, 

Woodcock, time may be held in possession 

Woodpeckers, wild birds other than game birds absolutely protected,. 
Wren, wild bird other than game bird absolutely protected 

Y. 

Tellow bird, wild bird other than game bird absolutely protected, . . . 
Yellow hammer, or flicker, wild bird other than game bird absolutely 

protected , 

Yellow shanks, game bird, 

Z. 

Zoological gardens, game laws not to apply to, 



Page. 

40 
39 
32 
31 
31 
31 
40 
42 
48 
47 
50 
51 
43 
49 
39 
39 



39 

39 
31 



32 



DIVISION II. 

LAWS RELATING TO FISH. 



AN ACT 

For the protection of shad and game fish in the 
river Delaware. 

Whereas, It is deemed advisable by the fish 
commissions of New York and Pennsylvania, to 
protect the stocking of the river Delaware with 
shad and game fish, and to guard the fishing in- 
dustries of the said river by the passage of uniform 
laws for the said river in each State, therefore, 

Section 1. Be it enacted, &c.. That hereafter no 
person or persons shall cast, draw, or fasten, or 
otherwise make use of any seine, drift net, fyke 
net, or net or nets of any other description, or 
use any other appliance for the catching of fish, 
except rod, hook and line in the Delaware river: 
Provided, That this section shall not extend to 
shad fishing: Provided also. That the meshes of 
nets used for catching shad shall not be less than 
three inches in width, or one and one-half inches 
from knot to knot, above Trenton Falls: Provided 
also. That it shall not be lawful to fish for shad 
with nets, either shore, drift, gilling or dip-nets, 
or with any appliances whatever from June fif- 
teenth to December thirty-first of any year, in the 
Delaware river above Trenton Falls. Any person 
or persons violating any of the provisions of this 
■ection, shall forfeit or pay the sum of one hun- 
dred dollars, with all costs of suit, together with 
the forfeiture of boats, nets and all apliances. 

Section 2. Thuc hereafter no person or persons 
■hall cast, set, draw, fasten or otherwise make 
use of any fyke net, or nets of any kind, or de- 
vice made from cotton or flax twine, or wire nett- 
ing, similar to a fyke net, for the purpose of catch- 
Insr fish in the Delaware river at any time in any 

(97) 



Preamble. 



Fishing with 
aets prohib- 
ited. 



Not to ex- 
tend to shad 
fishing. 
Size of mesh 
above Tren- 
ton Falls. 

Pishing for 
3had with 
nets from 
June 15th to 
December 31. 

Prohibited 
above Tren- 
ton Falls. 

Penalty. 



Use of cer- 
tain nets 
prohibited. 



93 



GAME, FISH AND FORESTRY LAWS. 



Violation of 
this act de- 
clared a 
nisdemea- 
uor. 



Penalty. 



Fishing with 
nets, etc., 
on Sunday- 
prohibited. 



Penalty. 



Erection and 
use of fish- 
baskets, 
etc. , prohib- 
ited. 



Wing walls, 
etc. , pro- 
hibited. 



Penalty. 



Penalty for 
second of- 
fence. 

Rock-bass or 
wall-eyed 
pike not to 
be killed 
within two 
years. 



year. Every person so offending shall be guilty of 
a misdemeanor, and on conviction thereof shall be 
punished by a fine, not exceeding one hundrea 
dollars or imprisonment in the county jail for 
a term not exceeding six months, or both at the 
descretion of the magistrate or court before which 
such offender or offenders shall be convicted, and 
the net or nets, devices or appliances used shall be 
destroyed by the officer making the arrest. 

Section 3. It shall be unlawful for any person or 
persons to cast, draw, drift, anchor, set, stake or 
otherwise make use of any gilling net, seine, shore- 
net, drift-net, eel pots, or any kind of net for the 
purpose of catching fish in the Delaware river 
from sunset on Saturday until twelve o'clock on 
Sunday night of each and every week; and the 
person or persons so offending shall forfeit and 
pay the sum of one hundred dollars, together with 
the costs of suit for each and every offense. 

Section 4. It shall be unlawful for any person or 
persons to place, build, erect, fasten or use any 
ilsh-baskets, gill-nets, or any permanently set 
means for taking fish in the river Delaware; nor 
shall any person at any time affix any nets, fish- 
baskets, fyke nets, eel racks, or any kind of ap- 
pliances or set means of taking fish to any wing 
walls in the river Delaware, Nor shall any person 
or persons erect, build or place, or cause to be 
erected, built or placed, any wing wall, or walls 
of stone or of any other substance or material, in 
the river Delaware, for the purpose of affixing, 
adjusting, placing or setting thereto or adjacent 
thereto, any of the above mentioned illegal de- 
vices, contrivances or appliances for taking fish. 
Any person violating the provisions of this law 
shall be fined fifty dollars for the first offense or 
be liable to imprisonment for one month in the 
county jail, or both at the discretion of the magis- 
trate before whom the offender is convicted, and 
any person or pei'sons so offending a second time 
shall be liable to a fine of one hundred dollars and 
imprisonment for three months in the county jail. 

Section 5. It shall not be lawful to catch or kill 
by any means v.hatever, any rock bass or any 
wall-eyed pike, otherwise called Susquehanna sai 
mon (species recently introduced into the river 



GAME, FISH AND FORESTRY LAWS. 



99 



Delaware), within two years from the passage oi 
this act, under a penalty of ten dollars for every 
fish caught or had in possession. 

Section 6. No persons shall, by any means or de- 
vice whatsoever catch, or kill in the Delaware 
river, any black bass, rock bass or wall-eyed pike, 
commonly known as Susquehanna salmon, between 
the first day of January and the thirtieth day of 
May in any year, nor shall catch or kill any of 
said species of fish at any other time during the 
year save with rod, hook and line. Any violation 
of this section shall subject the offender to a 
penalty of ten dollars for each fish so caught. 

Section 7. No person shall catch or kill in the 
Delaware river, any black bass or wall-eyed pike 
under six inches in length, or any rock bass under 
five inches in length, under a penalty of ten dol- 
lars for every fish so caught. But should any fish 
be taken of a less size than the above, or should 
any wall-eyed pike or rock bass of any size be 
taken wathin two years from the passage of this 
act, it shall be the duty of anyone taking or captur- 
ing the same to return the fish immediately to the 
water from whence taken. Any violation of the 
law shall subject the offender to a penalty of ter 
dollars for each and every fish so caught. 

Section 8. Nothing in this act shall be so con- 
strued as to prevent the catching of bait fish, 
other than game fish, by means of hand or cast 
nets for angling or' scientific purposes, or the 
catching of game fish by order of any member 
of the State Fish Commission of any State having 
jurisdiction in the Delaware river for the purpose 
of stocking other waters. 

Section 9. Any fish commissioner, fish warden, 
deputy warden, sheriff, deputy sheriff, constable, 
policeman, or any special officer of this Common- 
wealth, is hereby authorized to destroy any fish- 
basket, eel-weir, fyke net, pound net, shore-nei. 
drift net, dip-net, wing wall or wing walls, or any 
Illegal device named in any section of this act, 
and they are hereby authorized to arrest forthwith 
any person placing, erecting, using or fastening 
them. Any person or persons interfering with 
any of the above officers in the discharge of their 
duties or resisting arrest, shall pay a fine of one 



Black bass, 
etc. , not to 
be caught 
between Jan- 
nary 1st and 
May 30th. 

And at no 
time save 
with hook 
and line. 

Black bass 
under 6 
inches in 
length and 
wall eyed 
pike under 
5 inches in 
length not to 
be caught. 

If caught to 
be returned 
to water. 

Penalty. 



Catching 
fish for cer- 
tain pur- 
poses allow- 
able. 



Duties of 
fish wardens 
and other 
officers. 



100 



GAME, FISH AND FORESTRY LAWS. 



Penalty for 
Interfer- 
ence with 
ofBcers. 

Officers au- 
thorized to 
make ar- 
fMts. 



Hearing be- 
fore Justices 
•f the peace. 



Appeal. 



OoBts. 



Application 
of fines re- 
Mvered. 



tepeal. 



hundred dollars or be imprisoned three months in 
the county jail, or shall be subject to both penal- 
ties at the discretion of the magistrate or couit 
before which he or they shall be convicted. 

Section 10. Any fish commissioner, fish warden, 
deputy fish warden, sheriff, deputy sheriff, con- 
stable, policeman, or special officers of this Com- 
monwealth, is hereby authorized to apprehend 
arrest and immediately take any person who mav 
be guilty of the violation of any of the provision;? 
or sections of this act be! ore any justice of the 
peace, magistrate or any other legally constituted 
authority, and thereupon make charge of such 
violation of the law or any of the provisions there 
of, and the magistrate shall forthwith hear and 
determine the charge and render judgment accord 
ingly, with the right of certiorari or appeal ae 
in all similar cases of arrest and conviction, and 
in case of any failure of any fish commissioner, 
warden or any other oflficer named above to prove 
his case the county in which it is heard shall pa> 
the costs. 

Section 11. The fines imposed under any sectioij 
of this act shall be paid to the treasurer of the 
county in which the prosecution shall be made 
and the said treasurer of the several counties o; 
the State shall pay over to the commissioners of 
fisheries all moneys forfeited and recovered b? 
them by virtue of this act, and the said com 
missioners shall pay over the same to the treap. 
urer of the State. 

Section 12. All sections, piovisos or acts incoD 
sistent with this act are hereby repealed. 

Approved— The 22nd day of May, A. D. 1889. 

JAMES A. BEAVEK 



GAME, FISH AND FORESTRY LAWS. 101 

A SUPPLEMENT 

To an act, entitled "An act to amend and con- 
solidate the several acts relating to game and 
game fish," approved May tirst. Anno Domini 
one thousand eight hundred and seventy-three, 
to require all persons engaged in any of the man- 
ufacturing interests of this State, accustomed to 
the washing of iron and other oars, and of coal May 8, 
preparatory to its use for coking, and engaged 1876, p. l. 
in the business of tanning, to prepare a tank or ■^"*' 
other suitable receptacle into which the sedi- 
ment, culm or coal dust, the offal, refuse and 
the tan bark and liquor therefrom used in tan- 
ing, so far as is practicable may be prevented 
from passing into or upon any of the rivers, 
lakes, ponds or streams of this Commonwealth. 

Section 1. Be it enacted, &c., That section sev- Manufactur- 
enteen of the act aforesaid be and the same Js pa^rg^tank' 
hereby amended so that the same shall read as for recep-' 
follows, namely: That all persons engaged in any tion of co»i 
of the manufacturing interests of this State, ac- ^^^' etc. 
customed to the washing of iron and other ores, 
and of coal preparatory to its use for coking, or 
in the tanning of hides by a process in which 
vitriol is used, shall prepare a tank or other suit- 
able receptacle into which the culm or coal dirt, 
the offal, refuse and the tan bark and the liquor, 
or the water therefrom, may be collected so that 
the sediment therefrom so far as is practicable, 
may be tliereby prevented from passing into or 
upon any of the rivers, lakes, ponds or streams 
of the Commonwealth, under a penalty of fifty dol Penalty, 
lars for each offense, in addition to liability for 
all damages he or they may have done to any 
individual owners or lessees on such waters. 

Section 2. Whenever any constable or other offi- 
cer making complaint in good faith of the vio- When con- 
lation of any of the provisions of this act, shall ?o be charged 
fail to recover the penalty or penalties mentioned apon county. 
in the seventeenth section of the act to which 
this is a supplement, in any prosecution or suit 
commenced by such constable or other officer, pur- 
suant to the foregoing section of this or the act 
to which this is a supplement, the costs of suit 
recovered by him or them shall be a charge upon 



10^ 



GAME, FISH AND FORESTRY LAWS. 



When costs 
to abide 
event of 
suit. 



Repeal. 



the proper tcoimty, and shall be allowed as other 
county charges are audited and allowed; and 
whenever the plantiif or prosecutor is a private 
citizen, the costs shall abide the event of the suli 
or prosecution, and be paid as in other cases, and 
that section thirty-three of the act of first of May, 
Anno Domini one thousand eight hundred and set 
enty-three, be and the same is hereby repealed. 
Approved— The 8th day of May, A. D. 1876. 

J. F. HARTRANFT. 



June 10, 
1881. P. L. 
38. 



Fish corpo- 
rations 
have special 
police. 



Governor to 
appoint. 



Police to 
take oath. 



AN ACT 

Relative to the appointment of police for corpora 
tions organized under the laws of this Common- 
wealth, for the preservation and propagation oJ 
fish. 

Section 1. Be it enacted, &c., That any corpora- 
tion organized under the laws of this Common- 
wealth for the preservation and propagation of 
fish in this Commonwealth, may apply to the Gov- 
ernor to commission such persons as the said cor- 
poration may designate, to act as policemen for 
the protection of the property of such corporation. 

Section 2. The Governor, upon such application, 
may appoint such persons, or so many of them 
as he may deem proper, to be such policemen, 
and shall issue to such person or persons so ap- 
pointed a commission to act as such policemen. 

Section 3. Every policeman so appointed shall, 
before entering upon the duties of his office, take 
and subscribe the oath required by the eighth arti- 
cle of the Constitution, before the recorder of the 
county in which the property of said corporation 
may be situated, which oath, after being duly 
recorded by such recorder, shall be filed in the 
office of the Secretary of State, and a certified 
copy of such oath, made by the recorder of the 
county, shall be recorded with the commission in 
the county in which the property of such cor- 
poration, for which such policeman is appointed, 
may be situated, and in which it is intended said 



GAME, FISH AND FORESTRY LAWS. 



10- 



policeman shall act; and such policeman so ap- 
pointed shall severally possess and exercise all the 
powers of policemen in the county in which they 
shall be so authorized to act as aforesaid, and 
the keepers of jails and lock-ups or station houses 
in said county are required to receive all per- 
sons arrested by such policeman for the commis- 
sion of any offense against the laws of this Com- 
monwealth upon the premises of any such cor- 
poration, to be dealt with according to law. 

Section 4. Such corporation police shall, when 
on duty, severally wear a metallic shield with 
the word "police" and the name of the corpora- 
tion for which appointed inscribed thereon, and 
said shield shall always be worn in plain view, 
except when employed as detectives. 

Section 5'. The compensation of such police shall 
be paid by the corporation for which the police- 
men are respectively appointed, as may be agreed 
upon between them. 

Section 6. Whenever any corporation shall no 
longer require the. services of any policemen at- 
aforesaid, they may file a note to that effect undei 
their corporate seal, attested by their secretary. 
In the office where the commission of such police- 
man has been recorded, which shall be noted by 
the recorder upon the margin of the record wheie 
such commission is recorded, and thereupon the 
power of such policemen shall cease and be de- 
termined. 

Approved— The 10th day of June, A. D. 1881. 

HENRY M. HOYT. 



Powers of 
police. 



To wear 
shield. 



Compensa- 
tion. 



When ser- 
vices no 
longer re- 
quired. 



AN ACT 

To establish a Department of Fisheries, to provide 

for its proper administration, and to provide for ^piii 2 
the protection and propagation of fish by the ^ta ' 
Department of Fisheries. 



128. 



is 



Section 1. Be it enacted, &c.. That there be, and Departmen 
hereby established a Department of Fisheries, of Fisherie 



to consist of a Commissioner of Fisheries and four 
other citizens of the Commonwealth, who together 
shall constitute the Fisheries Commission, each of 



t 

les. 



104 



GAME, FISH AND FORESTRY LAWS. 



Fisheries 

Commission. 

Terms. 



Oath of 
office. 



Powers. 



The Commis- 
sioner to be 
president, 
Bxecutive 
officer and 
2hief superin- 
tendent. 



Duties of 
Fisheries 
Commission. 



Powers. 



whom shall he appointed and commissioned by the 
Governor, by and with the consent of the Senate, 
the Commissioner of Fisheries, for a term of four 
years, two of the said citizens for a term of two 
years, and two of said citizens for a term of 
four years, and thereafter all appointments shall 
be made by the Governor, by and with the ad- 
vice and consent of the Senate, for a term of four 
years. The persons so appointed, before enter- 
ing upon the discharge of their duties shall each 
take and subscribe to the oath of office prescribed 
by article seven of the Constitution of Pennsylva- 
nia. The Commissioner of Fisheries, and the Fish- 
eries Commission, so appointed, shall be clothed 
with all the powers heretofore conferred by law, 
respectively, upon the Board of Fish Commis- 
sioners, so far as the same are consistent with the 
provisions of this act. 

Section 2. The Commissioner of Fisheries shall 
be the president and executive officer of the Fsh- 
eries Commission, and shall also be chief super- 
intendent of all hatching-stations and fish-cultural 
establishments belonging to the State; and he 
shjill have full control and management of all such 
establishments, now existing or which may here- 
after be established; and he shall have full con- 
trol, direction and management of all fish-wardens 
or water-bailiffs; and he shall assume full charge 
of the work of the enforcement of the laws relat- 
ing to the protection, propagation and distribution 
of fish and all fish-wardens, constables, police, 
sheriffs, and guardians of the peace, shall make 
prompt report to him of all cases of violation of 
the laws relating to fish. 

Section 3. It shall be the duty of the Fisheries 
Commission to encourage and promote the develop- 
ment of the fishery interests of the State, and to 
obtain and publish information respecting the ex- 
tent and condition of the fisheries of the Common- 
wealth, and to make all rules and regulations for 
the enforcement of all laws designed for the pro- 
tection, extension and propagation of fish; and it 
is empowered to employ such legal and other ser- 
vice as may be necessary for the protection of fish, 
and for the apprehension and punishment of per- 
sons who may violate any of the laws relating to 



GAME, FISH AND FORESTRY LAWS. 



10£ 



fish, or any of the rules and regulations which, 
under the powers herein given, may be adopted 
by the said Commission. 

Section 4. The Commissioner of Fisheries shall 
receive a salary of three thousand dollars per an- 
num, payable quarterly, by warrant drawn by the 
Auditor General on the State Treasurer, and in 
addition thereto shall be reimbursed for all neces- 
sary expenses of travel, which may be incurred in 
the discharge of the duties of his office; and the 
other members of the Commission shall serve with- 
out salary, but shall be reimbursed for all neces- 
sary expenses incurred by them in the performance 
of the duties of their office. 

Section 5. The Fisheries Commission shall have 
an office in the State Capitol, and it shall be the 
duty of the Board of Commissioners of Public 
Grounds and Buildings to provide, from time to 
time, the necessary rooms, furniture apparatus 
and supplies for the use of the Department of Fish- 
eries, created under the provisions of this act. 

Se<:tion 6. The Commissioner of Fisheries shall 
have the power to employ one clerk, at a salary of 
twelve hundred dollars per annum; one stenogra- 
pher, at a salary of six hundred dollars per an- 
num; said salaries to be paid monthly, by war- 
rants drawn by the Auditor General on the State 
Treasurer. 

Section 7. This act shall take effect on and after 
the first Monday of June, one thousand nine hun- 
dred and three. 

Section 8. That all acts or parts of acts inconsist- 
ent with the provisions of this act be and the same 
are hereby rerealed. 

Af ijroved— The 2d day of April, A. D. 1903. 

SAML. W. PENNYPACKER. 



Salary of 
Commis- 
sioner of 
Fisheries. 



OfHce. 



Clerk. 

Stenogra- 
pher. 



Repeal. 



lOG GAME, FISH AND FORESTRY LAWS. 

AN ACT 



April (t, To regulate the catching or taking, within thli 

i'jo:{, 1'. L. Commonwealth, of bullfrogs and terrapin, and 
'• providing a penalty therefor. 

Section 1. Be it enacted, &c., That from and after 
lml'?.'MTm.iti ^^® passage of this act, it shall be unlawful to 
< atch, tal'e or kill any bullfrogs, only from the 
Open vSoiiaon. iii'st day of July to the first day of November, and 
terrapin save only from the first day of November 
to the fifteenth day of March, in each year, 
Fiiio. Section 2. Any person or persons offending 

ngainst the provisions of this act shaU be liable to 
a fine of twenty-five dollars for each and every 
offense, which shall be payable to the school dis 
<ri<t in which sn; h olTcnsc is coininitlcd, nnd may 
be sued for and recovered before any alderman oi 
justice of the peace of the proper county. 
Approved— The Gth day of April, A. D. 1903. 

SAM I.. W. PBNNYPACKER. 
Under an opinion of the Attoi-ney (Jeneral the 
snapping turtle is not classed as terrapin. 



GAME, PISH AND FORESTRY LAWS. 



lOT 



AN ACT 

To classify the species of fish in such parts of 
boundary lakes, of more than five thousand 
acres, as this Commonweal tli has jurisdiction 
over, and in the waters of any peninsula or 
in any bay adjacent to or connected with such 
lakes to declare which fish are game fish, which 
fish are food fish, and which are minnows or bait 
fish to protect and provide for the maintenance :fif* -^'Vj^ "*• 
and increase of fish in such lakes to regulate ^ 56 ' 
and provide for the payment of license fees for 
the catching of fish from such boundary lakes, 
and prohibit the unauthorized taking of fisk 
from devices used by authorities of such license; 
to provide penalties and punishments for the 
violation of any of the provisions of this act; 
and requiring the county wherein an offence 
is charged to pay costs of prosecution in certain 
Instances; and repealing all acts inconsistent 
herewith. 

Section 1. Be it enacted, &c.. That in such part Boundary 
or parts of lakes of more than five thousand acres, lakes, etc. 
lying between this and any other State or foreign 
country, as this Commonwealth has jurisdiction 
over, and in any water on any peninsula or in 
any bay adjacent to or connected with such lake, 
the following named species of fish are hereby 
made specifically within the provision of this act, 
to wit: All species or varieties of black or yellow Game flsii. 
bass, rock bass, calico bass or strawberry bass, 
chappie, muscallonge, and grass pike, which for 
the purpose of this act, are hereby classified and 
hereinafter designated as game fish; and minnows 
and killifish, which shall hereinafter be designated 
as minnows or bait fish; and all other species of 
fish shall be called food fish. 

Section 2. That it shall be nnlawful to fish for 
or capture any game fish in any waters, within ^ppiTances. 
the jurisdic-tion of this Commonwealth, described 
In the first section of this act, in any manner or 
with any device or appliance, or by any means 
whatsoever, except a rod and line having not more 
than three hooks, or with a hand-line having not 



I?!; it fi^h. 
Food fish. 

Devices and 



108 



GAME, FISH AND FORESTRY LAWS. 



Fine and 
penalty. 



Nets and 
other de- 
vices. 



ProTlso. 



Scientific 
purposes. 



Fine and 
penalty. 



Forfeiture. 



Length of 
flsh which 
may be le- 
gally caught. 



more than three hooks, or a spear used for catch- 
ing carp and suckers only, or with a trolling- 
line with spoon hooks attached; or, for food fish, 
with any device not specifically permitted in this 
act. Any person violating any provision of this 
section shall, on conviction thereof, be subject 
to a penalty of twenty-five dollars, or, in default 
of payment, undergo imprisonment in the county 
jail for the period of one day for each dollar of 
fine unpaid, except where otherwise provided; and 
any device, appliance or boats used in violating 
any of the provisions of this section shall be for- 
feited to the Department of Fisheries. 

Section 3. That it shall be unlawful to fish for 
any kind of fish in any bay or in any waters on 
any peninsula described in the first section of this 
act, with nets or devices, or means of any kind, 
except a rod and line having not more than three 
hooks, or with a hand-line having not more than 
three hooks attached, or with a trolling-line with 
spoon-hooks attached, at any time in the year: 
Provided, That nothing in this section shall be so 
construed as to prohibit the use of minnow-nets 
for angling or scientific purposes, or to prohibit 
the Department of Fisheries from catching fish at 
any time of the year with nets, for the purpose of 
stocking other waters, or for taking spawn, or 
from removing, by means of nets, by contract 
or otherwise, any fish which it may deem in- 
jurious to other game or food fishes. Any person 
violating any of the provisions of this section 
shall, on conviction, be subject to a penalty of 
twenty-five dollars, or, in default of payment, be 
imprisoned in the county jail for a period ol 
thirty days; and all nets, devices, appliances oi 
boats used in violating any of the provisions o1 
this section shall be forfeited to the Department 
of Fisheries. 

Section 4. That it shall be unlawful to catch and 
kill in any waters, within the jurisdiction of this 
Commonwealth, described in the first section of 
this act, or have in possession, either alive or 
dead, any rock bass, crappie, strawberry or calico 
bass, less than five inches in length; or any species 
of black bass or yellow bass, or any grass pike, 
less than nine inches in length; or any musral 



GAME, FISH AND FORESTRY LAWS. 



109 



longe less than fifteen inches in length. Any per- 
son violating any of the provisions of this section 
shall, on conviction, be subject to a penalty of five 
dollars for each and every fish so unlawfully 
caught, killed or had in possession; or, in default 
of payment, be imprisoned in the county jail for 
a period of one day for each dollar of fine un- 
paid. 

Section 5. That it shall be unlawful for any 
person, persons, partnership, or corporation to 
place, or allow to pass into or upon any part of 
any lake described in this act, any dead fish, fish 
offal, contents of tannery vats, coal-tar, gab-tar, 
sawdust, or plaining-mill shavings. Any person 
violating, or any member of a partnership or 
ofl&cer of a corporation that consents to or per- 
mits the violation of, any of the provisions of this 
section shall, on conviction, be subject to a pen- 
alty of one hundred dollars, or, in default of pay- 
ment, be imprisoned in the county jail for a period 
of three months. 

Section 6. That it shall be unlawful to fish in 
any waters described in the first section of this 
act, and over which this Commonwealth has juris- 
diction, with dynamite, nitroglycerine, torpedoes, 
electricity, quicklime, or with any kind of €X- 
plosives or poisonous substances, or to place such 
substances in any waters except for engineering 
purposes, when writte'n permission has been given 
therefore by the proper National, State, city or 
county official or officials. Any person violating 
any of the provisions of this section shall, on con- 
viction, be subject to a fine of one hundred dollars, 
or imprisonment of six months in the county jail. 

Section 7. That in all cases of arrest made for 
the violation of any of the sections of this act, 
the possession of the fishes prohibited by such 
section, or the possession of a net, nets or other 
device, at or near a place where the use of such 
net, nets or other device is prohibited by such 
section, shall be prima facie evidence of the vio- 
lation of such section or sections. 

Section 8. Any person or persons catching or 
selling game or food fish, or minor fooa fish, from 
the waters of any part of any lake described in 
the first section of this act, for the purpose of 



Fine and 
penalty. 



Contamana- 
tlon of lake, 
bay, etc. 



Fine and 
penalty. 



Explosives 
or poisons. 



Fine and 
penalty. 



Prima facia 
evidence of 
violation. 



Use of flsh 
as compost, 
etc. 



110 



GAME, FISH AND FORESTRY LAWS. 



Fine and 
penalty. 



Distances. 



Limit. 



Fine and 
penalty. 



Sturgeon. 



Lengths. 



Fine and 
penalty. 



making compost or other fertilizing mixture, or 
who makes use of fish for such purposes without 
the consent, in writing, of the Department of 
Fisheries, shall, on conviction, be subject to a 
penalty of one hundred dollars, or an imprison- 
ment of three months in the county jail, or both, 
at the discretion of the magistrate or court be- 
fore whom conviction was had. 

Section 9. That no net of any description shall 
be set, fastened, drawn or used within two miles 
of the entrance of any bay described in the first 
section of this act; nor shall any gill-net be set 
within three-quarters of a mile of any other por- 
tion of the shore of the part of any lake over which 
this Commonwealth has jurisdiction, described in 
the first section of this act; nor shall any other 
net or nets, other than gill-nets and nets fas- 
tened to and supported by poles driven in the 
ground, be set, fastened, drawn or used within 
seventeen miles from such entrance to any bay 
described in the first section of this act, measured 
in a direct line. Any person violating any of the 
provisions of this section shall, on conviction, be 
subject to a penalty of one hundred dollars, or, in 
default of payment, be imprisoned in the county 
jail for a period of three months. 

Section 10. That it shall be unlawful for any per- 
son or persons, company or corporation, operating 
nets or devices, of whatever description or char- 
acter, in the waters of any part of any lake de- 
scribed in this act, to capture and kill any sturgeon 
under three feet in length, or to have in possession 
the carcasses or flesh of any sturgeon of less than 
three feet in length. Any sturgeon of less than 
three feet in length, which may be captured, 
must be returned forthwith to the waters, with 
care and the least possible injury. Any person 
or persons violating, or any member of a part 
nership or officer of a corporation that consents 
to or permits the violation of, any of the pro- 
visions of this section shall, on conviction, be sub- 
ject to a penalty of twenty-five dollars for each 
sturgeon illegally captured, killed or had in pos- 
session; or, in default of payment, be imprisoned 



GAME, FISH AND FORESTRY LAWS. Ill 

tn the county jail foi a period of one day for each 
dollar of fine unpaid. 

Section 11. That it shall be uii'awful for one per- 
son to catch or kill more ihan ten Mack or yellow Bass. 
bass in any one day. Any person violatine: the pro- 
visions of this section shall, on convictioL., be sub- 
ject to a fine of ten dollars for each fish so cap- penPn^"*^ 
cured and killed, over and above the amount here- '^ ^" 
In named; or, in default of payment, be imprison- 
ed in the county jail for a period of one day for 
each dollar of fine unpaid. 

Section 12. That it shall be unlawful to fish in 
any part of the waters described in this act over 
which this Commonwealth has jurisdiction, watb 
any gill-net having a mesh of less than three 
Inches, stretched mesh, factory measure; and all 
gill-nets used in fishing for trout shall have meshes Giii-nets 
at least five and one-half (5^) inches in size, 
stretched mesh, factory measure; or with any 
pound-net, with the net at the back side of the rouna-uets. 
crib having a mesh of less than two and one- 
eighth (2 1-8) inches, stretched mesh, factory 
measure, and the net of the balance of the crib 
having a mesh of less than two and one-half (2h) ^J^eshes. - 
inches, stretched mesh, factory measure: Pro- 
vided, That until January first, Anno Domini ^'^^^so. 
one thousand nine hundred and eight, the net of 
the entire crib may have a, mesh of not less than 
two and one-eighth (2 1-8) inches, stretched mesh, 
factory measure. Any person or persons fishing, 
at any time of the year, with gill-nets or pound- 
nets having meshes of less size than those herein 
described, shall, on conviction, be subject to a pi^e ami 
fine of one hundred ($100) dollars; or, in default penalty. 
of payment, each person convicted shall be con- 
fined in the county jail for a period of thr ^i 
months; and all boats, nets and other applianctE 
used, together with any fish caught, shall be 
forfeited to the Department of Fisheries. 

Section 13. That it shall be unlawful for any Boats nets 
person, persons, company or corporation, to oper- ^"" devices. 
ate for the purpose of catching fish, any boat, 
boats, net, nets, or any device whatsoever, ex- 
cept a rod and line having not more than three 
hooks, or hand-line having not more than three 
hooks, or a spear, used for catching carp and 



112 



GAME, FISH AND FORESTRY LAWS. 



suckers only, or with a trol ling-line with spoon- 
hooks attached, or with set-line with hooks at- 
tached, in any part of any lakes described in this 
act, over which this Commonwealth has juris- 
diction, without having first paid into the handi 
of the Department of Fisheries the following 
License fees, amounts as license fees, to wit: For each row or 
sail-boat used in fishing with gill-nets, five dol- 
lars; for each boat of any other kind under ten 
tons gross burden, so used, ten dollars; for each 
boat of any kind of from ten to twenty tons gross 
burden, so used, fifteen dollars; for each boat of 
any kind over twenty tons gross burden, so used, 
twenty dollars; for each pound-net, ten dollars; for 
each fyke-net, one dollar; for any other form of 
net or device, not less than one dollar or more 
than five dollars, as the Department of Fisheries 
may determine; and in addition to the license 
fees above set forth, the operators of each boat, 
so licensed, shall permit a man designated by the 
Commissioner of Fisheries to accompany such boat 
at any time when it is engaged in fishing, under 
and by virtue of such license, for the purpose of 
securing for the Department of Fisheries from 
the fish so caught so much of their spawn as said 
Department may desire to secure; and any person 
operating or employing others to operate, or any 
member of a partnership or officer of a corpora- 
tion that employes or consents to the employment 
of any person to operate any boat, net, nets, de- 
vice or devices, without having procured from the 
Department of Fisheries a license, as provided 
in this section, authorizing him, them or it so to 
do, shall, on conviction, be subject to a penalty 
of twenty-five dollars, or, in default of payment, 
be imprisoned in the county jail for a period of 
one day for each dollar of fine unpaid; and. all 
nets, devices and boats, and appliances used in 
operation of said nets or devices, shall be for- 
feited to the Department of Fisheries. 

Section 14. That it shall be unlawful for any 
person or persons, save the owner or owners there- 
of, or their lawful representatives, to remove or 
take fish from any device which has been duly 
licensed, and operated according to the provisions 
of this act. Any person or persons violating any 



Spawn. 



Fine and 
penalty. 



Unlawful 
taking of 
fish from li- 
censed de- 
vice. 



GAME, FISH AND FORESTRY LAWS. 



113 



of the provisions of this section shall, on convic- 
tion thereof, be subject to a fine of ten dollars for 
each fish so unlawfully taken, provided the total 
amount of fine shall not exceed one hundred dol- 
lars for taking at any one time, and, in default 
of payment, be imprisoned in the county jail for 
a period of one day for each dollar of fine unpaid; 
and any fish recovered shall be returned to the 
owner or owners of the net or device from which 
they were taken, and all boats and appliances 
used In taking the fish unlawfully shall be for- 
feited to the Department of Fisheries. 

Section 15. That whenever any person, persons, 
company, or corporation shall apply to the De- 
partment of Fisheries for a license to operate any 
boat, boats, net or nets, or other device, in any 
waters in which they may be used legally under 
the provisions of this act, the Department of 
Fisheries shall, upon receiving the fees provided 
in the thirteenth section of this act, issue such 
license, duly signed by the Commissioner of Fish- 
eries, which license shall hold good from the time 
it is issued until the close of the calendar year 
in which it is issued, and shall be carried by the 
operator or operators of said boat, boats, net, nets, 
device or devices, while they are being used: 
Provided, That no license shall be issued to a resi- 
dent of any State or county whose laws prohibit 
the issuing of a license to a resident of the Com- 
monwealth of Penhsylvania. Said license must be 
shown on demand by any fish warden, constable, 
deputy sheriff, Fish Commissioner, or any au- 
thorized representative of the Department of Fish- 
eries Any person having such license in his 
possession and refusing to show it on demand, 
shall be subject to a penalty of five dollars, or be 
imprisoned in the county jail for a period of one 
day for each dollar of fine unpaid. 

Section 16. That all moneys collected as license 
fees and fines, under the provisions of this act, 
shall be paid, as received, into the State Treas- 
ury, for the use of the Commonwealth, accom- 
panied by an itemized statement thereof, a copy 
of which shall be filed in the office of the Auditor 
General; and a duplicate thereof, when receipted 
by the Auditor General and the State Treasurer, 
8 



Fine and 
penalty. 



Forfeiture. 



Issue of 
license. 

Term of 



Proviso. 



License to 
be shown on 
demand of 
officers. 



Fine and 
penalty. 



Disposition 
of license 
fees and 
fines. 



114 



GAME, FISH AND FORESTRY LAWS. 



Seizures. 



Arrests. 



shall constitute a settlement between the Com- 
Settiements missioner of Fisheries and the Auditor General 
and State Treasurer as to the aforesaid license 
fees and fines. 

Section 17. That from and after the passage of 
this act, any Fish Commissioner, fish-warden, 
deputy-warden, sheriff, deputy-sheriff, constable, 
or any special officer, or any peace officer in this 
Commonwealth, is hereby authorized and com- 
manded to forthwith seize any net, nets, or de- 
vice whatsoever, that may be used in violation 
of any provision of this act, and turn the same 
over to the Department of Fisheries; and they 
are hereby authorized and commanded to forth- 
with apprehend and arrest any person or persons 
who may be guilty of violating any of the pro- 
visions of this act, and take him or them before 
any justice of the peace, magistrate, or other 
legally constituted authority, and thereupon make 
charge of such violation of the law, or any of the 
provisions thereof; and the magistrate shall forth- 
with hear and determine the charge as provided 
in this act. And in case any Fish Commissioner, 
fish-warden, or any other officer named above, 
fails to prove his case, and the defendant or de- 
fendants are discharged or, in case the defendant 
or defendants are convicted, and are sent to jail 
in lieu of the payment of fine or fines, penalty or 
penalties, the county in which the case is heard 
When rouuty shall pay the . costs. Such arrests may be also 
made on Sunday, in which case the person or per- 
sons shall be taken before the proper officer, and 
proceeded against on a week day following the 
arrest. 

Section 18. That from and after the passage of 
this act, any justice of the peace, alderman or 
magistrate, upon information or complaint being 
made before him by the affidavit of one or more 
persons, charging any person with having violated 
any of the provisions of this act, is hereby re- 
quired and authorized to issue his warrant, under 
his hand and seal, directed to a constable, police 
officer, or warden, requiring such person or per- 
sons to be arrested and brought before such justice 
of the peace, alderman, or magistrate, who shall 
Hearing. hear and determine the guilt or innocence of the 



shall pay 
costs. 



Warrants. 



GAME, FISH AND FORESTRY LAWS. 115 

person or persons so charged; and, if convicted, 
such justice of the peace, alderman, or magistrate 
sliall sentence the person or persons, so con- 
victed, severally to pay the fine or fines, penalty 
or penalties, provided in this act for such viola- Fine and 
tion or violations, together with the costs ol Penalty, 
suit; and such fines or penalties shall be appro- 
priated as provided in section seventeen of this 
act. 

Section 19. That the following act and parts ol Repeal, 
acts, intended to be supplied by this act, be and 
the same are hereby repealed: — 

"An act to classify the species of fish in such 
parts of boundary lakes, of more than five thou- 
sand acres, as this Commonwealth has jurisdic- 
tion over, and in the waters of any peninsula or in 
any bay adjacent to or connected with such lakes; 
to declare which fish are game fish, which fish 
are food fish, and which are minnows, or bait fish; 
to protect and provide for the maintenance and 
increase of fish in such lakes; to regulate and 
provide for the payment of license fees for the 
catching of fish from such boundary lakes; and 
to provide penalties and punishments for any vio- 
lation of any of the provisions of this act, and 
to repeal all acts inconsistent herewith," approved 
the twenty-second day of April, Anno Domini one 
thousand nine hundred and five. 

And, in addition to the above, all acts and parts 
of acts inconsistent with the provisions of this act 
are hereby repealed. 

Approved— The 4th day of April, A. D. 1907. 

EDWIN S. STUART. 



116 



GAME, FISH AND FORESTRY LAWS. 



1909, May 1, 
P. L. 353. 



Species of 
fish. 

Game flish. 



Bait fish. 



AN ACT 

To classify the fish in the waters within this 
Commonwealth; declaring which are game fish, 
whicli are food fish, and which are bait fish, 
and ro regulate the catching and sale and en- 
courage the propagation of the same, to pro- 
tect the waters within this Commonwealth from 
unfair, improper, wasteful, and destructive fish- 
ing, and to protect the fish from being destroyed 
or injured by destructive means; to provide for 
the appointment of fish-wardens, and to declare 
their official powers and duties; to encourage and 
regulate the propagation of fish within this Com- 
monwealth, and to regulate the free distribution 
of the same by the Department of Fisheries, in 
the waters within the same; to define powers 
and duties of the Department of Fisheries; to 
regulate the sale and shipment of fish artifically 
propagated for profit; to forbid the sale of un- 
lawful devices for catching fish; and to provide 
penalties and punishments for the violation of 
the provisions of this act, and providing how 
and by whom the costs shall be paid. 

Section 1. Be it enacted, &c.. That the fish wlth- 
'n this Commonwealth are hereby designated and 
classified, for the purposes of this act, as follows; 
to wit, The following are classified as game fish: 
Charr, commonly called brook trout, all species 
of trout and of the salmon family; blue pike; 
pike-perch, otherwise known as Susquehanna sal- 
mon, or wall-eyed pike; pickerel, western pike; 
muscallonge; small-mouth bass, otherwise called 
black -bass; large-mouth bass, otherwise called 
Oswego, green or yellow bass, crappie, grass, 
strawberry, or calico bass; white bass; rock bass, 
otherwise known as red-eye, or goggle-eye; and 
all other species or varieties of fresh water fish, 
railed or commonly known as bass, except striped 
bass, or rock fish, and fall fish. The following 
are classified as bait fish; to wit. All forms of 
minnows, all forms of killifishes, and stone cat- 
fish. That all other species or variety of fish, 



GAME, FISH AND FORESTRY LAWS. 



117 



whatsoever, in the waters within this Common- 
wealth, are hereby classified as food fish. 

Section 2. That it shall be unlawful to use any 
device, means, or method whatsoever, for taking 
fish from the waters within this Commonwealth, 
except the following; to wit. For game fish, with 
rods and lines, or with hand-line, and for pickerel 
and yellow perch, also with tip-up, and for suck- 
ers, through the ice, with pole and burr hook; 
for bait fish in any manner or at any time, except 
by use of poison or explosives; for food fish, with 
rods and lines and hand-line, at any time of the 
year; outline, otherwise called set line; dip net, 
eel pot, or fyke net, each without wings, a seine, 
or a fish basket: Provided, That nothing herein 
shall be held to apply to fishing with rod and line 
or hand-line, unless the person fishing therewith 
shall have in possession any fish which may not 
lawfully be caught: And provided That no de- 
vice except a single rod and line shall be used 
by any person in waters inhabited by charr, or 
trout, except that In such waters suckers may be 
taken with pole and burr hook: And provided 
further. That in streams, not inhabited by trout, 
eels, carp, suckers, and mullets may be taken by 
the use of gig or spear, during the months of 
July, August, September and October of each year: 
Provided further. That no person shall use, when 
fishing for pickerel or yellow perch, more than 
eight tip-ups. Provided also. That both rods and 
lines or hand line shall not have attached to it 
more than three hooks, and that one burr of three 
hooks shall be considered as one hook: Provided 
further. That the nets and devices, described here- 
inbefore as legal, may also be used under the con- 
ditions and regulations hereinafter set forth; but 
that nothing herein shall be held to forbid the 
use of the gaff or the landing-net to assist in land- 
ing fish already caught by lawful devices: Pro- 
vided further, That no fishing of any kind, or with 
any device, shall be done by any person or persons 
on the first day of the week, commonly called 
Sunday. Any person violating any of the provis- 
ions of this section, shall, on conviction as pro- 
Tided in section twenty-seven of this act, be sub- 



Food flsb. 



Lawful man- 
ner of fish- 
ing. 



Proviso. 



Illegal pos- 
session. 

Proviso. 

Devices in 
trout waters. 

Proviso. 

Eels, carp, 
suckers and 
mullets. 

Proviso. 



Tip-ups. 

Hooks. 
Proviso. 



Gaflf and 
lauding net. 

E'rovlso. 

Sunday fish- 
ing prohib- 
ited. 

Violations. 



118 
Penalty. 

Trout. 

Open season. 

lUue pike, 
pike-perch, 
pickerel aud 
yellow 
perch. 



Length of 
fish which 
may be 
legally 
c-auglit. 



Number 
which may 
lie legally 
taken. 



Violations. 

Penalty. 

Proviso. 

Limit of 
penalty 

Proviso. 



GAME, FISH AND FORESTRY LAWS. 

ject to a penalty of twenty dollars, except as here- 
inafter otherwise provided. 

Section 3. That it shall be unlawful to fish for, 
or have in possession, the same being killed, charr, 
commonly called brook trout, or any species of 
trout except lake trout, from the first day of 
August to the fourteenth day of April next en- 
suing, both inclusive, except as provided in sec- 
Lion eleven of this act; or blue pike, pike-perch, 
otherwise called wall-eyed pike or Susquehanna 
salmon, and pickerel and yellow perch, from the 
first day of January to the fourteenth day of 
.Tune, both dates inclusive; or any other game fish, 
from the first day of December to the fourteenth 
day of June next ensuing, both inclusive. It shall 
be unlawful also to catch and kill, or have in 
possession, the same being killed, any white bass, 
rock bass, crappie, strawberry, or calico bass, or 
any yellow perch; charr, otherwise called brook 
trout; or any species of trout, except lake trout, 
less than six inches in length; any black bass or 
small-mouth bass; large-mouth bass, otherwise 
called Oswego, or yellow bass; striped bass, other- 
wise called rock fish, lake or salmon trout, less 
than eight inches in length; or any blue pike, 
pike-perch, otherwise called wall-eyed pike, or 
Susquehanna salmon, or any pickerel, less than 
twelve inches in length; or any muscallonge or 
western pike, less than twenty-four inches in 
length; or any sturgeon less than five feet in 
length; and the measurement of said fish shall be 
from the tip of nose to the tip of tail; and It 
shall be unlawful for any one person to catch, kill, 
or have in possession, the same being killed, more 
than forty charr, or trout; or more than twelve 
small or large mouth-bass; or more than twenty- 
five rock bass, white bass, calico bass, crappie, 
pickerel, blue pike, or pike-perch; or more than 
four muscallonge or western pike, in any one day. 
Any person violating any of the provisions of this 
section, shall, on conviction as provided in section 
twenty-seven of this act, be subject to a penalty of 
ten dollars for each and every fish so taken, 
caught, or had in possession: Provided, however. 
That no penalty in the aggregate shall exceed one 
hundred dollars: And Provided further. That no 



GAME, FISH AND FORESTRY LAWS. 



119 



penalty shall be imposed if any fish, caught in 
violation of any provision of this act, is returned 
at once to the water from which it was taken, 
in the condition in which it was captured. 

Section 4. It shall be unlawful to use fyke nets, 
eel pots, and dip nets from the first day of June 
to the thirtieth day of June, inclusive, except as 
provided in section five of this act; and it shall 
be unlawful to use nets from the first day of July 
until thirty-first day of May of the year next en- 
suing, both dates inclusive, excepting for the cap- 
ture of eels, datfish, suckers, mullets, and carp: 
Provided, That dip nets shall have meshes not less 
than two and one-half inches stretched measure, 
while being fished, or one and one-quarter inches 
from knot to ksot; and that no fyke net, com- 
monly called set net, or any eel pot, shall have 
any wings attached to either of them, or be set 
or fastened to any wing-walls, or within ten feet 
of any wing-walls, or be set within ten feet of each 
other, and the space between each net shall be 
free from all obstructions for the free passage of 
fish; or for any fyke net or eel pot to have an 
entrance into the funnel thereof of more than six 
inches, or with on outside diameter of the mouth 
of more than thirty inches, horizontal measure- 
ment; nor shall such nets be used in any streams 
inhabited by trout, at any time of the year; nor 
shall any such nets be set, fastened, or used from 
Saturday noon until Monday morning at six 
o'clock of the week next ensuing: Provided fur- 
ther, That each fyke net or eel pot must have 
fastened thereon a metallic tag bearing the name 
and residence of the owner thereof. Any person 
violating any of the provisions of this section, 
shall, on conviction as provided in section twenty- 
seven of this act, be subject to a penalty of twenty 
dollars, together with the forfeiture of all boats, 
nets, and other appliances used, to the Depart- 
ment of Fisheries. 

Section 5 As Amended by Act of June 3rd, 
1911. P. L. 560. 

Section 5. It shall be unlawful to fish for her- 
ring, or alewife, or shad, excepting with rod and 
line, hand line, or with a haul seine, sometimes 
called a shore seine; or with a dip net, or with 



Replaced 
fish. 



Fyke nets 
and eel pots. 



Close season. 



Proviso. 

Sizes of 
mesh. 



V\'ing-walls. 



Diameter of 
mouth. 



Proviso. 

Tag. 

Violations. 

Penalty. 

Forfeiture. 



Herring, ale- 
wife and 
shad. 



120 



GAME, FISH AND FORESTRY LAWS. 



Seines and 
nets. 



Sturgeon. 

Close season. 
Proviso. 

Carp and 
food fisb. 

Violations. 

Penalty. 

Outlines. 
Close season. 



Open season ; 
carp, suck- 
ers, mullets, 
catfish and 
eels. 

Proviso. 
Weighted. 



Limit of 
snoods. 



Legal hours. 



a hold-in-net, sometimes called a moon-rake, the 
meshes of which shall not be less than two and 
one-half inches stretched measure, or one and 
one-quarter inches from knot to knot while being 
fished; or for sturgeon, with nets, the meshes of 
which shall not be less than thirteen inches while 
being fished; and it shall be unlawful to use said 
nets for shad, herring, or alewife from the 
twentieth day of June to the first day of Marcli of 
the year next ensuing: Provided, That nothing 
in this section shall be construed as to forbid the 
catching of carp and other food fish of legal size 
or weight, excepting sturgeon, in such nets while 
being legally used lor tiie catching of shad or 
herring or alewife. Any person violating any of 
the provisions of this section shall, on conviction 
thereof as provided in section twenty-seven of this 
act, be subject to a penalty of one hundred dollars, 
and shall forfeit to the Department of Fisheries 
all nets, boats, and appliances used. 

Section 6. That it shall be unlawful to fish for 
fish of any kind in the waters of this Common- 
wealth, with outlines, commonly called set lines, 
or lines fastened or anchored at both ends, from 
the first day of December until the first day of 
June in the year next ensuing, both dates in- 
clusive. It shall be lawful for any person to use 
and operate such outlines, as described in this 
section, from the first day of June to the thirtieth 
day of November next ensuing, both dates in- 
clusive, for the capture of carp, suckers, mullets 
catfish, and eels only: Provided that said out- 
lines be sunk to the bottom, and be so weighed 
that the hooks shall rest upon the bottom, and 
that cut or dead bait only shall be used: Provided 
further. That no one person shall use or attach 
to said outlines, in the aggregate, more than one 
hundred snoods, with not more than one hook 
attached to each: And provided, That during the 
season or period when it shall be lawful to operate 
outlines, for the capture of the fishes aforesaid, 
it may only be done from five o'clock in the eve- 
ning until seven o'clock in the morning next en- 
suing, when said outlines must either be removed 
entirely from the water or the snoods or bait be 
detached and removed, unless it is shown to the 



GAME, FISH AND FORESTRY LAWS. 121 

satisfaction of the coiiit that it was a physical 
impossibility to comply with this provision: And 
provided further, That the owner or operator of 
such outlines must either be present and exercise 
supervision over them or have attached to each 
line thereof a metallic tag bearing the name and rags, 
address of the owner: Provided further, That any 
fish other than those named in this section, when 
caught on such lines, shall be immediately re- fsh megaiiy 
moved therefrom and set free into the waters from taken, 
which they were taken: And provided further, 
That no outline shall be set or operated in any 
waters inhabited by trout. Any person violating Trout 
any of the provisions of this section, shall, on con- waters. 
viction thereof as provided in section twenty-seven violations. 
of this act, be subject to a penalty of twenty dol- 
lars, and shall forfeit to the Department of Fish- Penalty, 
eries all lines, boats, and other appliances used. 

Section 7. That it shall be unlawful for any per- ^/'^^'J^.^S 
son or persons to place any device or object in or flshways. * 
the waters, within this Commonwealth, in such a 
manner as to obstruct the migration or passage of 
fish therein, or to obstruct any fishway; or to fish 
with nets or devices whatsoever, excepting rods 
and lines, within four hundred feet of any dam Fishing near 
or fishway, or such distance as may be determined ^^"^ or fish- 
by the Commissioner of Fisheries, such determina- ^^^' 
tion to be plainly posted upon the fishway or 
adjacent shores; and any obstruction not per- 
mitted by existing laws, when found, shall be re- 
moved forthwith by any Fish Commissioner, fish 
warden, sheriff, or other peace officer; and no rods 
and lines shall be used for fishing within one hun- 
dred feet of the upper or lower end of any fishway. violations 
Any person violating any provisions of this sec- 
tion, shall, on conviction thereof as provided in penalty, 
section twenty-seven of this act, be subject to a 
penalty of fifty dollars. 

Section 8. That it shall be unlavrful to use fish Fish 
baskets in the waters within or under the control baskets. 
of this Commonwealth from the first day of De- 
cember to the fourteenth day of August next en- ^^^^® season, 
suing, each date inclusive; that it shall be lawful 
to use fish baskets from the fifteenth day of Sep- Qp^u ggason 
tember to the thirteenth day of November in each 
year, both dates inclusive, and from four o'clock 



122 



GAME, FISH AND FORESTRY LAWS. 



Eels. 
Trout 
stream. 

Wing-walls. 
Location of. 



Proviso. 



Construction 
of basket. 



Bottoms. 

Hours. 
Proviso. 

Location. 

Proviso. 

License. 



in the afternoon until eight o'clock on th« follow- 
ing morning, for the capture of eels, and no fish 
basket shall be set or used in a stream known as 
a trout stream; and no wing-walls of any two 
baskets shall be within tw^enty feet of each other 
at the upper end, when side by side, or extend 
beyond each other at the upper end, or reach 
from main shore to main shore, or extend over 
more than three-fourths of the width of a stream, 
or occupy so much of the stream as to prevent the 
passage of canoes or boats and fish at either side 
of the stream, or be constructed of any other 
material than loose stones; and no basket and 
wing-walls shall be set immediately above one 
already legally located nearer than one-quarter 
of a mile: And provided. That the bottoms of the 
basket, so used, shall be made of well-rounded 
wooden slats, not more than two inches wide, 
so set or placed that shall not be less than 
three-eights of an inch apart when swollen by 
water: And provided further. That the bottoms of 
said baskets shall be movable for the entire width 
of each and every fall, or so much of said bottoms 
be movable as to leave not more than seven slats 
in one section; and such bottoms, or parts of 
bottoms, shall be taken out of said falls, or so 
adjusted as to make it impossible for them to 
catch fish, from eight o'clock in the morning and 
kept out until four o'clock in the afternoon: And 
provided further. That the number of the license 
of said basket shall be clearly and permanently 
painted or marked on the sides thereof: Provided, 
That nothing in this section shall oe construed 
as to allow any fish baskets to be erected and 
operated within a quarter of a mile of any fish- 
way, chute, or opening in a dam, through which 
fish can pass when water is running through, race- 
ways and mills excepted: And provided also. That 
before any person or persons shall be authorized 
to catch or take eels by means of a fish basket, 
as described, he or they shall be required to take 
out a license from the treasurer of the county in 
which he or they propose to erect or construct 
any fish basket, in accordance with section twenty- 
one of this act. and no person shall be given a 
license for a fish basket for a spot or location 



GAME, PISH AND FORESTRY LAWS. 



123: 



for which a license was given another person the 
previous year, until the first day of the lawful 
season for using said basket, unless the licensee 
of the previous year shall have previously notified 
the county treasurer in writing, of his intention 
not to renew his license: Provided That any per- 
son who shall neglect to take out a license for 
two years shall have no priority to such location: 
And provided also. That no license shall be granted 
for a fish basket in any stream without the written 
consent of the owner and occupant of the land 
on which it is proposed to place such basket* 
And provided further. That all baskets used or 
operated under the provisions of this section shall 
be entirely removed from the wing-walls, or dis- 
mantled or destroyed, within one week after the 
closing of the legal season: And provided also, 
That no person or persons shall operate said 
basket, in the absence of the owner or owners, 
except it be a member of his family, or a bona 
fide employe or employes of a member of his or 
their family; in which case the holder or holders 
of the certificate or license shall be held legally 
responsible for any violation of this section, O) 
of any existing acts relating to fish or fishing, 
within this Commonwealth, by the use of said fish 
baskets: Provided further, That nothing in this 
section shall be so construed as to prevent the 
licensee or lawful operator keeping, besides eels, 
any carp, suckers, or mullets, but no other fish, 
which may be taken by the basket while law- 
fully used for catching eels: And provided further. 
That at the end of the fishing season, each holder 
of a license shall furnish to the Department of 
Fisheries, on request of the Commissioner of Fish- 
eries, a written report of the approximate number 
and weight of eels, carp, suckers, and mullets 
taken, together with the market value of tlie 
same, for statistical purposes. No individual re- 
port to be made public without written consent of 
the licensee. Any person or persons violating any 
of the provisions of this section shall on convic- 
tion, be subject to a fine of twenty-five dollars, 
as provided in section twenty-seven of this act, 
together with the forfeiture of any boats or ap- 
pliances which may have been used, to the De- 



I'roviso. 
Piiority. 



Consent of 
owner. 

Pi-oviso. 

Removal of 
baskets. 

Proviso. 

Who may 
)perate. 



Responsi- 
bility. 



Proviso. 

Carp, suck- 
ers, and 
mullets. 

Proviso. 



Report. 



Violations. 



Penalty. 



124 



GAME, FISH AND FORESTRY LAWS. 



Dams. 



Chutes, 
slopes, fish- 
ways, gates, 
etc. 



Pine. 



Neglect or 
refusal. 

Powers of 
Board. 



Proviso. 



partment of Fisheries, and, in addition, be de- 
prived of the right to secure another license for 
the period of two years; and this section shall 
apply to the River Delaware above Trenton Falls. 
Section 9. That any person, company, or cor- 
poration owning or maintaining a dam or dams, or 
who may hereafter erect or maintain a dam or 
dams in the waters of this Commonwealth, shall 
immediately, on a written oi der from the Com- 
missioner of Fisheries, erect therein such chutes, 
slopes, fishways, gates, or other device as the 
Board of Fishery Commissioners may decide 
necessary, to enable the fish to ascend and descend 
the waters at all seasons of the year; and every 
such chute and other device, as aforesaid, shall 
be maintained, open and in good order and repair, 
by the person, company or corporation owning 
or maintaining such dam, until said dam is re- 
moved, raised, or rebuilt; and any person, com- 
pany, or corporation refusing or neglecting to 
comply with the provisions of this section, within 
three months from the date of such notice, shall 
forfeit and pay the sum of fifty dollars for every 
month he or they so neglect, which sum or sums 
shall be recovered by civil suit and process, in 
the name of the Commonwealth, and when collec- 
ted shall be paid by the Commissioner of Fisheries 
into the Treasury of the Commonwealth. If, after 
the lapse of three calendar months, the person, 
company, or corporation owning or maintaining 
said dam or dams still neglect or refuse to erect 
or place, or maintain unchanged, open and in 
good order and repair, the appliance or appliances 
as directed by the Commissioner of Fisheries, the 
said commissioner is empowered to enter upon 
such dam or dams, and erect such slopes, chutes, 
fishways, or gates, or make such repairs as may 
have been directed as aforesaid; and the cost 
thereof shall be charged against the person, com- 
pany, or corporation owning or maintaining such 
dam or dams, to be recovered by the Commissioner 
of Fisheries by civil suit and process, in the 
name of the Commonwealth: Provided, That 
where, by reason of any dam or dams having 
been constructed prior to any requirement by law 
of the placing of chutes, slopes or fishways there- 



.GAME, FISH AND FORESTRY LAWS. 125 

In, or for any other reason, the owner or owners 
of, or person or persons maintaining, such dam 
or dams cannot be compelled by law to pay the 
cost of erecting such slopes, chutes, and fish- Cost of con- 
ways by the Commissioner of Fisheries, as pro- stiuction. 
Tided in this section, shall be paid by the 
Commonwealth of Pennsylvania, out of such funds 
as may be appropriated therefor: And provided pi-oviso 
further. That the chutes and other devices, afore- 
said, may be closed for repair, or in time of low closing for 
water, but such closing shall be only for a period repairs, etc. 
of thirty days at any one time. 

Section 10. That from and after the passage of 
this act, any person, company, or corporation 
owning or operating a raceway, flume, or inlel 
pipe, leading to a water wheel, Imrbine, pump, or 
canal, shall, immediately upon receipt of a written 
order from the Commissioner of Fisheries, place 
and maintain a bar rack, of not less than one ^^^ ^^^^ ^*- 
inch nor more than one and one-half inch space Qume^or' 
between the bars in or near such raceway, flume, iniet. 
or inlet pipe, sufficient to prevent fish from enter- 
ing therein. Any person, company, or corporation 
refusing or neglecting to comply with such order Neglect or 
for a period of one month shall forfeit and pay refusal. 
the sum of fifty dollars, which shall be recovered 
by civil suit and process, in the name of the '^^' 
Commonwealth, and when collected shall be paid 
by the Commissioner of Fisheries into the State 
Treasury. If one month after notification, the 
person, company, or corporation, owning or 
operating such raceway, flume, or inlet pipe, 
has not placed such bar rack, as may have been 
directed, the Commissioner of Fisheries is em- Powers of 
powered to enter upon such laceway, flume, or Board, 
inlet pipe, and place such bar rack of not less 
than one inch nor more than one and one-halt 
inch space between the bars; the cost thereof shall 
be charged against the said person, company, or Tiie cost. 
corporation, and, if not promptly paid, such cost 
may be recovered by civil suit and process, in the 
name of the Commonwealth. 

Section 11. That hereafter before any person or 
persons, corporation or corporations, or partner- 
ship, limited or unlimited, shall engage in the 
artificial propagation of any species of game fish 



126 



GAME, PISH AND FORESTRY LAWS. 



Artificial 
propaga- 
tion. 

&.pplication 
for license. 



License fee. 



Proviso. 

Lawful fish- 
ing. 



Proviso. 



or food fish, for the purpose of selling the same, 
the said person or persons, corporation or corpora- 
tions, or partnership, limited or unlimited, shall 
first apply to the Department of Fisheries for a 
license; and said person or persons, corporation or 
corporations, or partnership, limited or unlimited, 
shall fill out blanks supplied by the Department 
of Fisheries, setting forth answers to any ques- 
tions which the said Department of Fisheries may 
put with reference to the size, character, and pur- 
pose of said plant; and if such answers promise 
and undertake that the applicant will conduct the 
business applied for according to law, and that 
no dams, ponds, or other devices, which will 
prevent the free migration of fish, are to be 
erected or placed by such applicant in any stream 
flowing over his or their property, and that the 
ponds on said plant are to be for commercial 
purposes, the said person or persons, corporation 
or corporations, or partnership, limited or un- 
limited, shall then pay a license fee of ten dollars 
to the Department of Fisheries. Thereupon the 
said Department of Fisheries shall issue a license 
to said person or persons, corporation or corpora- 
tions, or partnershiD, limited or unlimited, to carry 
on the business of propagating and selling any 
species of game fish or food fish, or the eggs 
thereof, during the calendar year, that the holder 
or holders of said license may catch or kill game 
fish and food fish, from the ponds on their prop- 
erty, in any manner whatsoever, except with ex- 
plosives ^or poisonous substances; or they may 
sell or dispose of, in any manner whatsoever, any 
species of such game fish or food fish, or the eggs 
thereof, at any time of the year; and express or 
railroad companies may carry and transport the 
same: Provided, That no fish shall be caught out 
of any stream flowing over the property of such 
person or persons, corporation or corporations, or 
partnership, limited or unlimited, holding, sucb 
]i^'er!<=p. e". €^t in pccordance vath the provisions 
ot sections two and three of this act: Provided 
That with each sale of any species of game fish 
or food fish, there shall be furnished the purchaser 
a certificate or invoice of sale, bearing the dat<- 
of sale, the number of the license, the number of 



GAME, FISH AND FORESTRY LAWS. 127 

fish or the number of pounds sold, or both; which Certificate 
said certificate or invoice must be shown by the ^^ invoice. 
holder, on demand, to any fish warden, clerk of 
the market, constable, or person authorized to 
make arrests for violation of the laws relating 
to fish and fishing within this Commonwealth; and 
the said certificate or invoice shall hold good for 
the period of six days from the date thereof. Any 
person or persons, corporation or corporations, or 
partnership limited or unlimited, holding a license 
for conducting an establishment for the propaga- 
tion of any species of game fish or food fish, shall 
mail a sworn statement, in writing, to the De- 
partment of Fisheries annually, on the first day Annual 
of December, of the number of pounds and the statement. 
number and value of game fish and food fish, or 
the eggs thereof, sold and disposed of during the 
year; and the property and books of said person 
or persons, corporation or corporations, or partner- 
ship, limited or unlimited, engaged in the propa- 
gation and sale of any species of game fish or 
food fish, or the eggs thereof, under the provisions 
of this section, shall be open to inspection by the 
Commissioner of Fisheries at all times; and said 
person or persons, corporation or corporations, 
or partnership, limited or unlimited, shall not in 
any manner stock or maintain their establish- 
ments by any species of charr, trout, or charr or Trout eggs. 
trout eggs, taken from any waters within this 
Commonwealth, not owned, occupied or controlled 
by them, excepting that they may exchange such 
eggs or the fry of any species of trout, or other 
game or food fish, with the Department of Fish- 
eries. Any person or persons, corporation or cor- violations, 
porations, or partnership, limited or unlimited, vio- 
lating any of the provisions of this section, shall, 
on conviction thereof, be subject to a penalty of p ,. 
one hundred dollars for each and every offense, as ^' 

provided in section twenty-seven of this act. 

Section 12. That it shall be unlawful for any purchase 
proprietor, manager, clerk, or agent of any mar- or sale of 
ket, hotel, boarding-house, eating-house, restau- brook trout. 
rant, or saloon, or any person, company, or cor- 
poration, in this Commonwealth, to purchase, sell, 
or expose for sale any charr, commonly called 
brook trout, or any species of trout; or contract 



128 



GAME, FISH AND FORESTRY LAWS. 



Proviso. 



When arti- 
ficially pro- 
pagated. 

Guides. 

Violations. 

Fine. 

Purchase 
Bale, or pos- 
session out 
of season. 



Proviso. 



Artificially 
propagated. 

Violations. 
Penalty. 



Trespass on 

hatchery 

waters. 



Violations. 



with or employ any person or persons to catch 
and keep such fish for him or them, by the day or 
otherwise: Provided, That nothing in this section 
shall be so construed as to prevent any person, 
company, or corporation from selling charr, com- 
monly called brook or speckled trout, or any 
species of trout, bred or raised artificially, under 
the provisions of section eleven of this act: And 
provided further. That nothing in this section 
shall be so construed as to prohibit any person or 
persons from employing a guide to accompany 
him or them when fishing. Any person violating 
any of the provisions of this section, shall, on 
conviction as provided in section twenty-eight of 
this act, be subject to a fine of twenty dollars for 
each and every offense so committed. 

Section 13. That it shall be unlawful to pur- 
chase, sell, or offer for sale, or have in possession, 
any fresh dead game fish, wherever caught, within 
this Commonwealth, or any fresh dead food fish, 
caught in the waters within this Commonwealth, 
except during the lawful period for catching the 
same, and the space of six days after such period 
has expired: Provided however, That nothing 
herein shall be so construed as to prohibit the sale 
of food or game fish, artifically propagated, by any 
person or persons under the provisions of section 
eleven of this act. Any person or persons violating 
any of the provisions of this section, shall, on 
conviction thereof as provided in section twenty- 
seven of this act, be subject to a penalty of ten 
dollars for each fish. 

Section 14. That it shall be unlawful to fish, or 
trespass with intent to fish, in or upon any 
waters, or beds or banks of any waters, or any 
lands controlled, owned or occupied by the De- 
partment of Fisheries; or willfully and maliciously 
destroy or damage any ponds, property, or ap- 
pliances whatsoever, of the said Department; or to 
interfere or obstruct, pollute or diminish, the 
natural flow of water into or through such State 
hatchery or lands. Any person or persons viola- 
ting any of the provisions of this section, shall, 
on conviction thereof in accordance with section 
twenty-seven of this act, be subject to a penalty 



GAME, FISH AND FORESTRY LAWS. 



12» 



of one hundred dollars or six months imprison- 
ment, or both. 

Section 15. That any domestic birds or fowls 
trespassing on any waters or lands controlled, 
used, or occupied, entirely for the artificial pro- 
pagation of fish, may be killed by the owner or oc- 
cupant thereof, or his agent in charge of the same, 
after having given five days' notitb to the owners 
of said birds to prevent such trespassing: Pro- 
vided further, That said owner or owners, occupant 
or agent, shall have the right to kill any wild birds 
or wild animals destructive to fish life whenever 
found on such grounds. 

Section 18. That it shall be unlawful for any 
person to put or place in any waters within the 
Commonwealth any electricity, or any explosive or 
poisonous substances whatsoever, or any drug, or 
any poison bait, for the purpose of catching, tak- 
ing, killing, or injuring fish; or to allow any dye- 
stuff, coal or gas tar, coal oil, saw dust, tan bark, 
cocculus indicus (otherwise known as fish berries), 
lime, vitrol, or any of the compounds thereof, 
refuse from gas-houses, oil-tanks, pipes, or vessels, 
or any deleterious, destructive, or poisonous sub- 
stances of any kind or character, to be turned 
into, or allowed to run, flow, wash, or be emptied 
into, any of the waters aforesaid, unless it is 
shown to the satisfaction of Commissioner of 
Fisheries, or the court, that every reasonable and 
practicable means have been used to prevent the 
pollution of waters in question by the escape of 
deleterious substances. In the case of the pollu- 
tion of waters by substances known to be injurious 
to fishes or to fish food, it shall not be necessary 
to prove that such substances have actually caused 
the death of any particular fish: Provided, That 
nothing in this section shall prohibit the use of 
explosive for engineering purposes, when a written 
permit has been given thereof by the proper natio- 
nal, state or municipal government. Any person 
violating any of the provisions of this section, 
shall, on conviction as provided in section twenty- 
seven of this act, be subject to a fine of one hun- 
dred dollars. 

Section 17. That it shall be unlawful to place in 
any waters within this Commonwealth inhabited 

9 



Penalty. 



Domestic 
birds and 
fowls. 



ProTlso. 



Wild bird* 
and animals. 



Fishing with 
electricity, 
poisons, or 
explosives. 



Pollution of 

waters. 

Engineering 

purposes. 

Violations. 



Fine. 

Carnlvoroiu 
fisti. 



130 



GAME, FISH AND FORESTRY LAWS. 



Ylloatloiia. 
Fine. 



Powers of 

Commlt- 

sloner. 



Sclentlflc 
research, 
etc. 

ProrUio. 



Returns. 



Distrubtlon 

and planting 
of flab. 

Preference. 



PreviBO. 



PnWlc 
fishing. 



by charr or any species of trout, without the 
consent of the owner or owners of the land upon 
which such waters are located, and without the 
written consent of the Commissioner of Fisheries, 
any other carnivorous fish. Any person violating 
any of the provisions of this section, shall, on 
conviction thereof as provided in section twenty- 
seven of this act, be subject to a fine of fifty 
dollars. 

Section IS. That the Commissioner of Fisheries 
shall have the right to eaten fish at any season of 
the year, and with any kind of nets, or devices 
not poisonous or explosive; and also the right to 
grant written permission so to do, for a period 
not longer than one year to persons engaged in 
scientific research; and also to corporations, asso- 
ciations, person or persons, for the purpose of 
propagation of fish or stocking waters therewith, 
or the removal of fish found by the Commissioner 
of Fisheries to be hurtful O)' injurious to other 
fish life: Provided, That those persons who are 
permitted to catch fish, as aforesaid, shall make 
return, in writing, to the said Commissioner of 
Fisheries all fish caught by them and of the use 
made by them of the fish so caught. 

Section 19. That it shall be the duty of the Com- 
missioner of Fisheries to make free distribution or 
planting of the fish produced at the State fish 
hatcheries, or otherwise acquired, in the following 
order or preference: First. To the public waters 
of tbe Commonwealth, and to the waters within 
the Forestry Reserves belonging to the Common- 
wenlth: Second. To the public school authorities 
and persons connected with institutions of learn- 
ing, who may apply for the same for educational 
purposes, or for scientific research, and to persons 
applying for fish cultural and acquarium purposes 
and show ponds: Third. To the waters within this 
Commonwealth, of which the bed and banks are 
the subject of private ownership, upon tiie written 
application of one or more of the owner, or law- 
ful occupants thereof: Provided, That such waters 
be suitable for the fish applied for, and that the 
applicant or applicants shall ngree, in such ap- 
plication, to allow ]a^^•ful fishing by the public 
in the waters over their lands which arv. -planted 



GAME, FISH AND FORESTRY LAWS., 



131 



with fish upon such application, and that they, 
the said applicants, shall have and claim no right 
to eject or molest any persons lawfully fishing on 
their lands, on the banks of or over such waters, 
in a peaceful and orderly manner: Provided, That 
during the open season for game or food fish the 
owner, lessee, or occupant of the real estate 
through which or over Which the stream so stock- 
t 1 with game or food fish shall pass, or the owner, 
lessee, or occupant of the bank of any natural 
lake or pond so stocked with game or food fish, 
shall hereafter not have the authority to forbid 
fishing alo«g the banks or in the said stream or 
waters; but the person or persons so fishing shall 
be liable m trespass for any and all damage which 
he or they may do the said real estate or other 
property: Provided further. That all persons fish- 
ing on or over the land of others, by virtue of the 
provisions thereof, shall be liable for all damage 
t!iey may cause during such occupation: Fourth. 
To the waters, last aforesaid, whose owners are 
non-residents and unknown, or w^ho by habit and 
custom permit the public to fish therein: Provided, 
That such planting may, at the discretion of the 
said commissioner, be made without application 
thereafter. That it shall be unlawful to apply to 
the Commissioner of Fisheries for any fish, if such 
applicant prohibits or prevents fishing by the gen- 
eral public in the waters flowing over his land; 
but nothing in this section shall be held to prevent 
the Commissioner of Fisheries from planting fish 
in suitable waters, without application. Any per- 
son who shall, by false representation, receive 
fish from the Department of Fisheries, and plant 
the same in waters where the public are not al- 
lowed to fish, shall, on conviction thereof as pro- 
vided in section twenty-eeven of this act, be sub- 
ject to a fine of twenty-five dollars for each offense. 
Section 20. That the Commissioner of Fisheries 
is authorized to set aside, at his discretion, such 
.=5mall streams as he may judge best as nursery 
streams, in which fishing shall be prohibited at 
all times in the year; paid streams to be posted 
by the Department of Fisheries, at the outlet by 
a conspicuous notice, and also at intervals of three 
hundred yards: Provided, That before such 
streams shall be so designated and set aside, the 



ProTiso. 



Public 
fishing. 



Proviso. 



Damages. 



Unlawful 
applicatlona. 



False repre- 
sentation. 



I'^ine. 



Nursery 
streams. 



Owners' 
consent. 



132 



GAME, FISH AND FORESTRY LAWS. 



Violations. 
Pine. 



Nets or 
devices. 



License 
fees. 



Certificate. 



Violations. 
Fine. 



Removal of 
fish from 
device. 



owner or owners shall first give their consent in 
writing. If after any stream has been set aside, 
under the provisions of this section, any person 
fishing therein, shall, on conviction thereof as 
provided in section twenty-seven of this act, be 
subject to a penalty of twenty dollars. 

Section 21. That before any person shall use, set, 
or fish with any of the following nets or devices 
for catching food fish, he shall first take out a 
license therefor from the treasurer of the county 
in which the person or persons reside, and for 
which he or they shall pay the following sums 
annually: For each seine net, two dollars; for 
each fish basket, one dollar. On making payment 
of the sum or sums named, such license fee shall 
be paid by the county treasurer forthwith to the 
Department of. Fisheries, and the Department of 
Fisheries shall pay over the same into the State 
Treasury; and such license shall hold good for the 
calendar year in which it is issued. The county 
treasurer on receiving said license fee or fees shall 
issue, to the person or persons paying the same, 
a certificate, on one of the forms supplied to him 
by the Department of Fisheries, bearing the name 
and place of residence of each applicant, or ap- 
plicants, and the name and number of the nets or 
devices permitted, and otherwise properly filled 
out; which said certificate or license shall permit 
the owner or owners thereof to use the device or 
devices named for the next lawful season, in 
accordance with the provisions of this act, and a 
duplicate of each license shall be forwarded, with 
the license fee, to the Department of Fisheries. 
The certificate shall be shown to any fish warden, 
constable, or- any other person or persons author- 
ized to make arrests for any violation of any of 
the laws relating to fish and fishing in this Com- 
monwealth. Any person or persons who shall use 
any of the above described devices without first 
ta^/ing out a license, shall, upon conviction as 
provided in section twenty-seven of this act, be 
subject to a fine of twenty dollars. 

Section 22. That it shall be unlawful for any 
person or persons to remove fish from any licensed 
device or re^ without the authority of the owner 
or owners thereof, except that any person may 



GAME, FISH AND FORESTRY LAWS. 



133 



return to the water any fish not authorized to he. 
taken by such device, or to remove fish from any 
pond or tank of any fish hatchery without author- 
ity as aforesaid. Any person or persons violating 
any of the provisions of this section, shall, on con- 
viction thereof as provided in section twenty- 
seven of this act, be subject to a fine of fifty dol- 
lars. 

Section 23. That whenever at least two hundred 
citizens, in any county, shall, in writing, certify 
to the Commissioner of Fisheries that any stream 
or waters in the said county is nearly depleted 
of fish, and has been restocked, and asking that 
it or they be closed to fish for a period, the 
said commissioner shall forward to said petition- 
ers and others a blank form, setting forth ques- 
tions regarding the condition of said stream or 
waters, which forms must be filled out and re- 
turned to the Department of Fisheries; and if the 
answers on said forms are of such a character as 
to convince the Commissioner of Fisheries that 
the petition should be granted, he is hereby au- 
thorized to prohibit all fishing in such streams or 
waters for a period of three years from the time 
of restocking: Provided, That said Commissioner 
of Fisheries shall first give public notice of such 
closing by posting such streams or caters with 
notices of such prohibition, and the period there- 
of, and publishing the same in two newsparers, 
published in the county where such stream or 
waters are located, for a period of three consecu- 
tive vceeks, one time in each week. Any person 
catching and killing or fishing for any fish from 
any stream or waters closed under the provisions 
of this section, shall, on conviction thereof as pro- 
vided in section twenty-seven of this act, be sub- 
ject to a penalty of twenty dollars. 

Section 24. That any fish commissioner, fish 
warden, deputy warden, sheriff, constable, or any 
special officer, or any peace officer in this Com- 
monwealth is hereby authorized and commanded 
to proceed, vvith such force of the county as may 
be necessary, to destroy any device for catching 
fish used contrary to or prohibited by law, in any 
of the waters within this Commonwealth; and 
they are hereby authorized and commanded to ar- 



Violationa 
Fine. 



Depleted 
waters. 



Statement. 



Prohibition. 



Notice. 



Violationg. 
Fine. 



Duty of 
officers. 

Destructiou 
of illegal 
device. 



134 



GAME, FISH AND FORESTRY LAWS. 



Arrests. 



Charge and 
hearing. 



County to 
pay costs. 

Arrests ou 
Sunday or 
holiday. 



Refusal or 
neglect of 
officer. 



Conviction. 
Penalty. 



Interference 
with or 
resisting 
officer. 



rest forthwith, and without warrant, any person 
or persons owning, placing, or using such devices, 
or violating any of the pro>isions of this act; and 
they are further authorized and commanded to 
apprehend and arrest, and immediately take, any 
person or persons, who may be guilty of such 
violation, before any justice of the peace, magis- 
trate, or other legally constituted authority, and 
thereupon make charge of such violation of the 
law, or any provisions thereof; and the magistrate 
shall forthwith hear, and determine the charge, as 
provided in section twenty-eight of this act; and 
in case of any fish commissioner, fish warden, or 
any other officer named above, fails to prove his 
case, and the defendant or defendants are dis- 
charged, or in case the defendant or defendants 
are convicted and are sent to jail in lieu of the 
payment of fine or fines, penalty or penalties, the 
county in which the case is heard shall pay the 
costs. Such arrest may be also made on Sunday, 
or on any holiday, in which case the person or 
persons so ariested shall be taken before the pro- 
per officer, and proceeded against on the first law- 
ful day following the arrest. Any sheriff, deputy 
sherilt, constable, special officer, or other peace 
officer of this Commonwealth, who shall refuse or 
neglect to proceed with sufficient force of the 
county to forthwith remove and destroy any ex- 
isting devices illegally used for the catching of fish 
within his jurisdiction, after being notified in 
writing of the existence of such illegally used de- 
vices by the Commissioner of Fisheries; or who 
shall refuse or neglect to remove and destroy any 
such illegal device for catching fish within this 
Commonwealth, of which he shall have cognizance, 
shall, on conviction thereof as provided in section 
twenty-seven of this act, be subject to a fine of 
fifty dollars, or be imprisoned in the county jail 
for a period of not less than three months nor 
more than six months. 

Section 25. Any person or persons who shall, by 
threat, menace, or force, or in any manner, at- 
tempt to deter or prevent any fish warden, or other 
person authorized to make arrests for violation of 
the fish laws, from enforcing or carrying into effect 
any provision of this act, or who shall resist arrest 



GAME, FISH AND FORESTRY LAW'S. 



135 



or the seizure of boats or nets illegally used, shall, 
on conviction thereof as provided in section twen- 
ty-seven of this act, be subject to a penaUy of one 
hundred dollars, or, in default of payme, it of said 
line, be committed to the county jail for a period 
of one hundred days. 

Section 26. That in all cases of arrest made for 
the violation of any of the provisions of this act, 
the possession of the fishes or of the nets, or the 
possession of or operation of any other device 
herein prohibited, shall be prima facie evidence 
of the violation of this act. 

Section 27. That any justice of the peace, alder- 
man or magistrate, upon information or complaint, 
made to him by affidavit of one or more persons, 
charging any person or persons with having viola- 
ted any of the provisions of this act, is hereby 
authorized and required to issue his warrant, 
under his hand and seal, directed to any constable, 
peace officer, or warden, and cause such person or 
persons to be arrested and brought before such jus- 
tice, alderman, or magistrate, who shall hear and 
determine the guilt or innocence of the person or 
persons so charged; and, if convicted upon such 
charge, shall be sentenced by said justice, alr^er- 
man, or magistrate, severally, to pay the fine or 
fines, penaUy or penalties, provided in this act 
for such violations, together with the costs of suit; 
the whole of said fine shall be paid over forthwith 
to the treasurer of the county ii\ which the prose- 
cution was brought, and said county treasurer 
shall pay over the same forthwith to the Commis- 
sioner of Fisheries, for the benefit of the Common- 
wealth: Provided, That in case the defendant or 
defendants shall neglect to pay, at once, the fine 
or fines so imposed, said defendant or defendants 
shall forthwith be sentenced to undergo imprison- 
ment, in the county jail of the county where such 
conviction takes place, for a period of one day for 
each dollar of fine so imposed and unpaid, unless 
the defendant or defendants, upon conviction, shall 
give notice of intention to appeal, when such de- 
fendant or defendants shall be permitted to enter 
into good and sufficient recognizance to appear 
before such justice, alderman, or magistrate, on 
or before the expiration of five days, if such appeal 



Possession 
prima facie 
evidence. 



Authority of 
justices, 
iildermeu. 
etc. 



Warrants. 



Hearing. 



Penalty 



Proviso.. 



ImprtsoD- 
nient. 



Appeal. 



136 

Bail. 
Proviso. 



Waters In- 
habited by 
trout. 



Decision. 



wardens. 



Chief 
warden. 



Duties. 



pRemovals. 



"jDutles of 
wardens. 



GAME, FISH AND FORESTRY LAWS. 

is not taken by them, or on the final determination 
of such appeal if it be not sustained, for execution 
of sentence: Provided also, That all actions for 
any violation of any of the provisions of this act 
must be taken within one year from the time the 
offense was committed; and when necessary to 
properly conduct any case before any alderman, 
justice of the peace, magistrate, or any court, the 
Commissioner of Fisheries is authorized to employ 
legal counsel. 

Section 28. That for the purpose of this act, any 
stream or water, or part thereof, within this 
Commonwealth, in which charr, or trout, are com- 
monly fished for and caught, whether through the 
stocking of the stream, or whether native to such 
stream or water, or part thereof, shall be deemed 
water or streams inhabited by trout. In case of a 
conflict of statement on this point, as to any 
stream or water, the matter shall be investigated 
by the Board of Fishery Commission, and its 
decision shall be final. 

Section 29. The Commissioner of Fisheries, by 
and with the advice and consent of the Board of 
Fishery Commission, shall have power and au- 
thority to appoint thirty competent citizens of 
this Commonwealth as fish wardens. The said 
Commissioner of Fisheries shall, from time to 
time, by and with the advice and consent of the 
Board of Fishery Commission, designate one of 
such wardens as chief warden, who shall remain 
as such during the pleasure of the Commissioner 
of Fisheries, and he shall perform such duties as 
he may be assigned by the Commissioner of Fish- 
eries. Said chief warden shall have the direction, 
control, and supervision of other wardens, under 
the direction of the Commissioner of Fisheries. 
Wardens so appointed shall hold office during the 
pleasure of the Commissioner of Fisheries, who 
may summarily remove any of their number, and 
appoint another competent citizen in his place, by 
and with the advice and consent of the Board of 
Fishery Commission. The wardens shall enforce 
all of the laAvs of the Commonwealth, relating to 
f'sh and fishing, and the provisions supplementary 
thereto; and shall have power to execute all war- 
rants and search warrants issued for the violation 



GAME, FISH AND FORESTRY LAWS. 



137 



of the fish laws, and to serve subpoenas issued 
for the examination, investigation, or trial of all 
offenses against said laws; and said wardens shall 
be permitted to carry and use arms in the perfor- 
mance of their duties. They shall have power, 
without warrants, to search and examine any boat, 
conveyance, vehicle, fish box, basket, bag, coat, 
or other receptacle for fish, when they have reason 
to believe that any of the provisions of any law 
relating to fish have been violated; and said war- 
dens shall seize and take possession of any and 
all fish which may have been caught, taken or 
killed at any time, in any manner or for any 
purpose, or had -in possession or under control, or. 
have been shipped or about to be shipped, contrary 
to any of the laws of this Commonwealth; and 
such fish shall be disposed of according to the 
order of the Commissioner of Fisheries. Each 
warden shall keep a record of his official acts, 
receipts and expenditures; and at the close of each 
month make a summary of such record, with such 
information in detail ;^s may be necessary for the 
information g! or be required by the Department 
of Fisheries, and report the same to the chief 
warden. The chief warden shall report to the 
Commissioner of Fisheries any negligence or 
dereliction of duty or incompetency on the part of 
any of the wardens, with the facts relating there- 
to; and he shall -report monthly to the Commis- 
sioner of Fisheries his operations during the pre- 
ceding month, and shall make such other reports 
as may be required of him by the Commissioner of 
Fisheries; and he shall make annually a report iu 
writing, of the operations of himself and sub- 
ordinates during the year to the Board of Fishery 
Commission; and all wardens when in the perfor- 
mance of their duties shall have the power and 
authority to enter upon any land or water, and 
they shall have the power to demand and secure 
proper assistance in case of emergency. That each 
fish warden, except the chief warden, appointed in 
accordance with this section, shall receive as com- 
pensation for ifts services seventy-five dollars per 
month, and such allowance for expenses as may 
be deemed by the Board of Fishery Commission 
as just and reasonable; and the chief warden shall 



Search, ei- 
amination, 
and seizure. 



Record. 



Rep'trt. 

R i'orts of 
ciJief warden. 



Power and 
authorlfy of 
wardens. 



rompensa- 
tlon. 



138 



GAME, FISH AND FORESTRY LAWS. 



Special 
wardens. 



Proviso. 



Powers and 
duties. 



Bulletins. 



Sale or 
marketing 
of Qsli. 



stateuiont. 



receive one hundred dollars per month, and such 
allowance for expenses as may be deemed by the 
Board of Fishery Commission as just and reason- 
able. 

Section 30. The Commissioner of Fisheries may 
on the written application of a properly organized 
fish protective association, or of any association 
or individual owning or leasing waters, appoint one 
or more special fish wardens for the county in 
which the application is made; and all such ap- 
pointments shall expire on the thirty-first day of 
May of each year: Provided also, That no special 
fish warden shall be entitled to any salary, or to 
any expenses or compensation from the Common- 
wealth, for his services, unless such special fish 
wardens should be detained for duty by the Com- 
missioner of Fisheries, in which case the Com- 
missioner of Fisheries is authorized to make a per 
diem allow^ance for compensation, and reasonable 
expenses, out of any appropriation which may be 
made for the payment of wardens. The said 
allowance being in place of any claim for any 
part or share of any fine or fines, penalty or 
penalties, imposed or paid under the provisions of 
this act. The special fish waidens, so appointed, 
shall be clothed with the same power as the regu- 
lar salaried wardens, and shall make report of the 
performance of their duties in the same manner. 

Section 31. That the Commissioner of Fisheries, 
by and with the authority of the Board of Fishery 
Commission, shall have the right to issue bulletins 
relating to fish culture and fish protection, as in 
their judgment may be deemed for the best in- 
terests for the work of the Department of Fish- 
eries, and he shall make report annually to the 
Governor of the operation of the Department. 

Section 32. That persons engaged in catching 
fish for the market, or who may be engaged in the 
snle of fish, shall, on demand of the Commissioner 
of Fisheries, furnish at the close of each year a 
tabulated statement of their sales of fish and the 
gross amount of money realized; the said figures 
to be used by the Department of Fisheries entirely 
for statistical purposes, and no individual state- 
ment received by the Department of Fisheries shall 
be made public without the written consent of the 



GAME, FISH AND FORESTRY LAWS. 



139 



owner. Any person who shall refuse to furnish 
such information, shall, on conviction thereof as 
provided in section twenty-seven of this act, be 
subject to a penalty of ten dollars for each and 
every effense. 

Section 33. That all boats, and all nets of legal- 
sized mesh, used unlawfully and forfeited to the 
Department of Fisheries under any provisions of 
this act, shall be sold py the Commissioner of 
Fisheries, and the moneys received from such sale 
or sales be paid by him into the State Treasury, 
for the use of the Commonwealth. All unlawful 
nets or devices, not preserved for exhibition pur- 
poses by the Department of Fisheries, shall be 
destroyed by the order of the Commissioner of 
Fisheries. Record shall be made of all such sales 
or destruction, on the books of the Department. 

Section 34. The following acts and parts of acts 
of Assembly are intended to be supplied by this 
act, and the same are hereby repealed: — 

1. "An act to amend and consolidate the several 
acts relating to game and fish," approved the third 
day of June Anno Domini one thousand eight hun- 
dred and seventy-eight. 

2. A supplement to "An act to amend and con- 
solidate the several acts relating to game and 
game fish," approved the third day of June, Anno 
Domini one thousand eight hundred and seventy- 
eight, changing the time for hunting and killing 
deer, squirrels, rabbits, wild turkeys, phoasants, 
prairie chickens, approved the tenth day of June, 
Anno Domini one thousand eight hundred and 
eighty-one; each and all the several sections there- 
of so far as they relate to fish. 

3. "An act for the protection of salmon, black 
bass, and other food fishes, newly introduced into 
the rivers Delaware and Susquehanna and their 
tributaries, for the protection of these classes, also, 
against unlawful fishing, and to prohibit the intro- 
duction of predatory fishes into trout streams, 
and for other germane purposes," approved the 
twenty-fourth day of May, Anno Domini one thou- 
sand eight hundred and seventy-one. 

4. "An flct to provfde for the appointment of a 
Board of Fish Commissioners, for construction of 
fishways, and for the propagation and protection 



Refusal. 



Penalty. 



Seized boats 
aud nets. 



Sale. 

Unlawful 
nets and 
devices. 



Acts repealec 
so far as 
they relate 
to fish. 



Act of June 

3, 1878. 



Act of June 
10,1881. 



Act of Mar 
•J4.1871. 



Act of April 
28, 1873. 



140 GAME, FISH AND FORESTRY LAWS. 

of fish, and appropriating money for the same," 
appioved the twenty-eighth day of April, Anno 
Jjoniini one thousand eight hundred and seventy- 
three. J 
Act of May 5. "An act regulating the appointment and pay 

14, 1874. of fish wardens, or water bailiffs," approved the 

foui leenth day of May, Anno Domini one thou- 
sand eight hundred and seventy-four. 

6. "An act to provide for the propagation and 
^ctof Jime protection of fish, and appropriating money there- 
11, 1879. j^Qj. .' approved the eleventh day of June, Anno 
Domini one thousand eight hundred and seventy- 
nine. 
Act of Tune ^' ""^^ ^^^ *^ prevent the catching, killing, ex- 

11, 1885. posing for sale, or having in possession of speckled 
trout, except from the fifteenth day of April to the 
fifteenth day of July," approved the eleventh day 
of June, Anno Domini one thousand eight hundred 
and eighty-five. 
Act of May 8. "An act for the protection of shad and game 

22, 1889. fish in the State of Pennsylvania," approved the 
twenty-second day of May, Anno Domini one thou- 
sand eight hundred and eighty-nine; so much 
thereof as relates to fish and fishing in the waters 
Act of A within the Commonwealth. 

15, 189?. 9. "An act to provide for the appointment and 

increase the efficiency of the Commissioner of 
Fisheries of this Commonwealth," approved the 
fifteenth day of April, Anno Domini one thousand 
eight hundred and ninety-one. 

fn* iRcn^^" ^^- "^^ ^^^ ^^ amend an act, entitled 'An act 

15, J8Ji.^ jqj, ^Yie protection of shad and game fish in the 

State of Pennsylvania, approved the twenty-second 

day of May, Anno Domini one thousand eight 

hundred and eighty-nine,' extending the time in 

which pike and pickerel may be caught," approved 

the fifteenth day of April, Anno Domini one thou- 

Act of .Tune sand eight hundred and ninety-one. 

25, 1895. 11. "An act to permit the use of eel pots in the 

rivers and waters of this Commonwealth, other 

than trout streams," approved the twenty-fifth day 

of June, Anno Domini one thousand eight hundred 

and ninety-five. 

Act of .Tune 12. "An act to prevent the placing in the waters 

25, 1895, Qf Pennsylvania of any torpedo, giant powder, 

nitroglycerine, dynamite, electricity, lime, or any 



GAME, FISH AND FORESTRY LAWS. 141 

poisonous or explosive substances of any kind, for 
the purpose of catching or taking fish; providing 
for a penalty for the violation thereof," approved 
the twenty-hfth day of June, Anno Domini one 
thousand eight hundred and ninety-five. 

13. "An act to declare the species of fish which Act of Mny 
are game fish, and the species of fish which are -y. I'-^^i- 
commercially valuable for food, and to regulate 

the catching and encouraging the propagation of 
the same; to define the public waters within the 
State; to protect the waters within the State from 
improper and wasteful fishing; to provide for the 
appointment of fish commissioners and fish war- 
dens, and to declare their official powers and 
duties; to encourage and regulate the artificial 
propagation of game and food fish by said State 
Fish Commissioners; to regulate the distribution 
of the same in the waters of the Commonwealth; 
to provide penalties and punishments for the viola- 
tion of tbe provisions of this act," approved the 
twenty-ninth day of May, Anno Domini one thou- 
sand nine hundred and one. 

14. "An act permitting the taking of carp, 
suckers, and mullets, by means of seine nets, from :^q loob^ 
the waters of this Commonwealth, upon certain 
conditions," approved the twenty-sixth day of 

Apiil, Anno Domini one thousand nine hundred 
and five. 

15. "An act to amend an act approved May Act of 
twenty-ninth, Anno Domini one thousand nine ^i^j^ch 14, 
hundred and one, entitled 'An act to declare the ^^"'• 
species of fish which are game fish, and the species 

of fish which are commercially valuable foi- food, 
and to regulate the catching and encourage the 
propagation of the same; to define the public 
waters within the State; to protect the waters 
withiD the State from improper and wasteful fish- 
ing; (.0 provide for the appointment of fish com- 
missioners and fish wardens, and to declare their 
offlclal powers and duties; to encourage and regu- 
late the artificial propagation of game and food 
fish by said State Fish Commissioners; to regulate » 

the distribution of the same in the waters of the 
Commonwealth; to provide penalties and punish- 
ments for the violation of the provisions of this 
act' by prescribing the number of tip ups to be 



142 



GAME, FISH AND FORESTRY LAWS. 



Act of May 
1, 1907. 



Act of May 
29, 1907, 



Repeal. 



used and the amount of fish to be taken in any 
one day and by any one man," approved the 
fourteenth day of March, Anno Domini one thou- 
sand nine hundred and seven. 

16. "An act to regulate the taking of carp, suck- 
ers, mullets, and eels, in the Vvaters of the Com- 
monwealth, by means of gigs or spears; prohibit- 
ing the taking of all other fish by such means,, 
and providing penalties for the violation of this, 
act,' approved the first day of May, Anno Domini 
one thousand nine hundred and seven. 

17. "An act authorizing the taking of suckers,, 
catfish, carp and eels, in the waters of this Com- 
monwealth, through the use of fish baskets, and 
prescribing penalties for violation of its provi- 
sions," approved the twenty-ninth day of May 
Anno Domini one thousand nine hundred and; 
seven. 

And, in addition to the above, all acts or parts, 
of acts inconsistent with the provisions of this 
act, are hereby repealed. 

Approved— The 1st day of May, A. D. 1909. 

EDWIN S. STUART. 



1909, Msv 1, 
P. L. 309. 



Whereas. 



AN ACT 

To encourage the propagation of fish, and to regu- 
late the catching, taking, and destruction of fish, 
in the Delaware River below Ti'enton Falls, with- 
in the jurisdiction respectively of the Common- 
wealth of Pennsylvania and of the State of New 
Jersey; and providing penalties for violation 
of its provisions, and to repeal acts inconsistent 
therewith. 

Whereas, By virtue of a joint resolution of the 
Commonwealth of Pennsylvania, approved the 
eighth day of May, Anno Domini nineteen hun- 
dred and seven, entitled "A joint resolution pro- 
viding for the creation of a commission to co- 
operate ^^'ith the authorities of the States of New 
Jersey, New York, and Delaware in regard to the 
propagation, protection, and catching of sturgeon,, 
shad, bass, perch, and other fish in the Delaware 
River; the adoption of concurrent laws, relevant. 



^AME, FISH AND FORESTRY LAWS. 



143 



tSiereto by such States; and to co-ope rat-; with the 
authorities o£ the State of Maryland in regard to 
fish and tishing in the Susquehanna River, and the 
adoption of concurrent laws relevant tbereto by 
such States; and to inquire in relation to the pollu- 
tion of the watt rs of said rivers, and recommend 
legislation legulating and conti oiling the same; 
and making an appropriation for those purposes," 
the following weve appointed Commissioners on 
the part of the Commonwealth of Pennsylvania: 
From the Senate, Frederick A. Godcharles, Web- 
ster Grim, and Algernon B. Roberts; from the 
House of Repiesentatives, Hiram J. Sedwick, Al- 
fred Marvin, aad Joseph N. Hunter; by Governor 
Edwin S. Stuart, Heniy F. Walton; and by the 
terms of the joint resolution, the Commissioner of 
Fisheries, W K. Meehan, and Frank B. McClain, 
Speaker of the House; and 

Whereas, By a joint resolution passed by the wfaereas. 
Legislature of the State of New Jersey, approved 
March twenty-fifth, Anno Domini one thousand 
nine hundred and eight, entitled "Joint resolution 
providing for the creation of a Commission to co- 
operate with the authorities of the States of Penn- 
sylvania and New York in regard to the propaga- 
tion, protection, and ea<"( hing of fish in the Dela- 
ware River; and to inquire into any cause of 
pollution of the w^^^cvs of said river; and to 
recommend legislate .n in regard to such propaga- 
tion, protection and cp.tching of fish in the Dela- 
ware River, anrt to obviate the pollution thereof," 
the following ..ere appointed to represent the 
State of New Jersey: From the Senate, Edmund 
W. Wakelee and Joseph S. Frelinghuysen; from 
the Assemtiy, Austin Colgate, Oliver C. Holcombe, 
and Henry D. Thompson; by the Governor, John 
Franklin Fort, Doctor Henry Van Dyke; and 
by the terms of the resolution. President of the 
Fisk and Game Commission, B. C. Kuser, Presi- 
dent of the Senate, Thomas J. Hillery, and Frank 
B. Jess, Speaker of the House of Assembly; and 

Whereas, The commissions of the said Common- whereas, 
wealth of Pennsylvania and the State of New 
Jersey have beeji duly organized as provided and 
required by law; and 

Whereas, The said Commissioners of the said wh«reas. 



144 



GAME, FtSii AND FORESTRY LAWS. 



Delaware 

River below 
Trenton 

Falls. 



Right of 
fishery. 



42lame ftib. 



Satt iab. 
^ood flsb. 



Lawful 
manner of 
iflsbing for 
i;ame fish. 



Commonwealth of Pennsylvania and of the said 
State of New Jersey, in joint meeting held for that 
purpose, lave agreed upon uniform laws to provide 
an act providing uniform laws to encourage the 
piopagat on of fish, and to regulate the catching, 
taking, and destruction of fish in the Delaware 
River below Trenton Palls, within the concurrent 
jurisdiction of the Commonwealth of Pennsylvania 
and the State of New Jersey, and providing penal- 
ties for violations of its provisions; therefore, — 

Section 1. Be it enacted, &c., That the provisions 
of this act shall affect and apply only to the 
propagation, catching, taking, and protection and 
destruction, of fish in the waters of the Delaware 
River below Trenton Falls, lying between the Com- 
monwealth of Pennsylvania and the State of New 
Jersey. 

Section 2. The inhabitants of the Commonwealth 
of Pennsylvania and of the State of New Jersey 
shall have and enjoy a common right of fishery 
throughout, in, and over the waters of said river, 
between low-water mark on each side of said 
river; between said States, below Trenton Falls, 
except so far as either State may have heretofore 
granted valid and subsisting private right of fish- 
ery. 

Section 3. For the purposes of this act, the 
following fish shall be designated as game fish; to 
wit, Black bass, or small-mouth bass; large-mouth 
bass, otherwise called Oswego, or yellow bass; 
strawberry or calico bass; rock bass, otherwise 
known as red-eye or gogai^-eye; white bass, crap- 
pie; pike-perch, otherwise called wall-eyed pike; 
pike, or Susquehanna salmon; pike, pickerel, white 
perch, yellow perch; charr, commonly called brook 
or spreckled trout; or any form of trout. The 
following shall be called bait fish; to wit, all 
species of minnows, killifishes, and stone catfish. 
All other species or varieities of fish, whatsoever, 
shall be termed food fish. 

Section 4. It shall be unlawful to catch or fish 
for any game fish, in any part of the Delaware 
River below Trenton Falls, with any device, or 
by any means or method whatsoever, excepting 
with rods and lines; or hand-lines, commonly 
called dipsey or throw-lines, each having not more 



GAME, FISH AND FORESTRY LAWS. 145 

than three hooks; or with trolling lines, with 
spoon or artificial bait, having not more than one 
burr of three single hooks attached; the number 
oi rods and lines, or the number of trolling lines, 
not to exceed two of one or the other device 
named, and said lines must be under the direct and 
immediate supervision of the custodian thereof. 
Any person violating any provisions of this section 
shall, on conviction thereof, be subject to a fine of ^*°®- 
twenty dollars. 

Section 5. It shall be unlawful to fish for bait L^^.fui 
fish, in the Delaware River below Trenton Falls, u.anuer of 
except with the following devices: to wit, rods nsuiug for 
and lines and hand lines, with not more than three ^''^'^*- ^sh. 
hooks, attached; a minnow seine, not more than 
one hundred feet in length; a dip net, not more 
than five feet square; a minnow trap, the opening 
of which shall not be more than one and one-quar- 
ter inches in diameter; a scoop net, with a single 
handle, and with a diameter of net of not more 
than two feet. Any person who uses any other 
device, method, or means for catching bait fish, 
or of a greater length or diameter of nets specified "®* 
in this section, shall on conviction thereof, be subr 
ject to a fine of twenty dollars. 

Section 6. It shall be unlawful to fish for food Lawful 
fish, in the Delaware River below Trenton FalJf^, nc.naer of 
with any device, method, or means, excepting by l-o/,'(j"|gh 
the following devices, and under regulations and 
restrictions hereinafter described; to wit, a seine. 
a gill net; an eel pot, a fyke net, each without 
wings; a parallel net, or net set at the edge of low 
water; and rods and lines, or hand-lines, other- 
wise known as dipsey or throw-lines, each having 
not more than three hooks. Any person who shall 
use or employ any mt'"hod or device for catching 
food, fish, other than those named in this 5?ection, 
or shall use or employ any device named in this 
section contrary to the regulations or restrictions Fine, 
hereinafter mentioned, shall be subject to a fine of 
twenty dollar s. 

Section 7. As amended by the act of June 3, 1911, 
P. L. 629. 

Section {. It shall be unlawful for any person 
to catch and take, or attempt to catch and take, 
esturgeon from the Delaware River below Trenton sturgeon. 

10 



146 



•GAME, PISH AND FORESTRY LAW&",. 



Seine or 
Bets. 



Other food 
fish. 



Close seaBon. 



Flee and 
torfelture. 



Anchored 

net pr'.>- 
hlbited. 

Li* wfal 
devicai. 



Tributaries. 



Fine and 
forfeiture. 



Falls, with any device excepting a seihie^ or gill' 
net, the meshes of which shall not be less than 
thirteen inches stretched measure while being 
fished; or to catch and take, or attempt to catch 
and take, any other food tlsh from, said waters, 
with a seine the meshes of which shall be less 
than two and one-half inches stretched measure, 
while being fished, or any gill net the meshes ot 
which shall be less than five and one-quarter 
inches stretched measure while being fished: Pro- 
vided, That gill nets, with a mesh not smalle. 
than three Jijches, may be used from March first 
to June tenth, in each year, for the purpose of tak- 
ing herring only. It shall also be unlawful for 
any person to catch and take, or attempt to catch 
and take, any food fish, except stuigeon, by means 
of a seine or gill net, between the tenth day of 
June, in each and every year, and the first day 
of March next ensuing. Any person who shall 
violate any of the provisions of this section shall, 
on conviction thereof, be subject to a fine of one 
hundred dollars, together with a forfeiture of all. 
nets, boats, and appliances used. A similar act 
was passed by New Jersey and signed by the Gov- 
ernor, April 15, 1911. 

Section 8. It shall be unlawful for any person toi 
catch and take, or attempt to catch and take, fish 
of any kind from the Delaware River below Tren- 
ton Falls, with a net of any character which is 
anchored or staked or fastened down in any mea- 
sure. Nor shall any net of any kind or character,, 
excepting a drifting gill net, an eel net, a fy*i:e net,, 
each without wings, or a par«illo3 net for th>e cap- 
ture of carp only, be used for the purpose of calich-- 
Ing and taking fish in said waters, within one- 
quarter of a mile above or below the mouth of any 
river, creek, or stream emptying into said Dela- 
ware River below Trenton River. Any person who 
shall violate any of the provisions of this sections 
shall, on conviction thereof, be subject to a fine of' 
twenty dollars, with the forfeiture of nets, boats,, 
and other applianr-es used. 

Section 9 as amended by the act of May 11, 1911, 
P. T.. fi29. 

Section 9. Tt shall be unlawful for any person tc 
catcb aBrds take,, or attempt to catch and take, fish oV: 



GAME, FISH AND FORESTRY LAWS. 



14? 



any kind or description from the Delaware River 
below Trenton Falls, by means of a net, or to use 
a net of any character in the waters aforesaid, be- 
tween Saturady at two post meridian, and twelve 
o'clock, midnight, Sunday night, in each week. 
Any peison violating any of the provisions of this 
section shall, on conviction thereof, be subject to 
a fine of one hundred dollars, together with a for- 
feiture of all nets, boats, and other appliances 
used. 

This act shall take effect immediately, but shall 
not be considered as valid or operative until a 
similar act has been enacted by the State of New 
Jersey. A similar act was passed by New Jersey, 
March 21, 1911. 

Section 10. It shall be lawful to catch food fish, 
with rods and lines and hand-lines and trolling- 
lines, as described in section four of this act, at 
any time in the year, in the Delaware River below 
Trenton Falls: but it shall be unlawful to fish for 
and take game fish, excepting from the fifteenth 
day of June to the first day of December, inclu- 
sive, ID each j'ear. Any person violating any of 
the provisions of this section shall, on conviction 
thereof, be subject to a fine of ten dollars for each 
and every fish so taken. 

Section 11. It shall be unlawful to use eel pots 
and fyke nets, each without wings, in the Dila- 
ware River below Trenton Falls, from June first 
to July thirty-first in each year, both dates in- 
clusive; but it shall be lawful to use eel pots and 
fyke nets, each without wings, from July first to 
May thirty-first, both dates inclusive, in each year, 
fcsr the " .iposes of catching carp, catfish, eels, and 
sii'Kers only. All other species of fish which may 
1 e cMiiglit in said nets must be returned unharmed 
immediately to the waters from which taken: Pro- 
virU'd That the entrance of said eel pot and fyke 
net shall not be more than six inches in diameter, 
and the outside diameter not • more than thirty 
inches Any person violating any of the provi- 
sions of thjsj section shall, on conviction thereof, 
be subject to a fine of twenty dollars, together with 
a forfeiture of all nets, boats, and other appliances 
used. 



Sunday fish- 
ing with netf.j 
prohibited. 



Food' Qsh. 



Open season. 

Open season 
for game 
fish. 

Fine, 



Eel pots and 
fyke nets. 

Close season. 



Open season 
for carp 
catfish, eels, 
and suckers 



Proviso. 



Fine and 
forfeiture.. 



a4S 



GAME, FISH AND FORESTRY LAWS. 



(Parallel net. 

.Close season. 

•Carp only. 
'Proviso. 

rroviso. 
Proviso. 



Fine and 
foKCeiirure. 



Ciength aod 
weight of 
flsh that 
may be 
ta.kQP. 



Section 12 as amended by the act of June 3, 1911, 
P. L. 629. 

Section 12. It shall be unlawful to use a parallel 
net, otherwise a net set approximately parallel 
with the shore, in the Delaware River and Bay, 
laying between the States of New Jersey and Penn- 
sylvania, below Trenton Falls, and at low-water 
mark, between the first day of June and the 
thirty-first day of \ugust, in each year; and it 
shall be lawful to use such parallel net from the 
first day of Sep ember to the thirty-first day of 
May, inclusive, next ensuing, in each year, for 
the purpose of taking carp only: Provided, That 
the meshes of said net be not less than three and 
one-half inches stretched measure when being 
fished: Provided, That seines not smaller than 
two and one-half inch mesh may be used from Sep- 
tember first to May thirty-first, of each year, for 
the purpose of taking carp and suckers only: And 
provided further. That no such net shall be set in 
such manner as to impede navigation. All other 
fish than carp and suckers must be returned un- 
harmed to the water beyond low-water mark. 
Any person violating any of the provisions of this 
section shall, on conviction thereof, be subject to 
a fine of one hundred dollars, together with a for- 
feiture of all nets, and other appliances used. 

This act shall take effect immediately, but shall 
not be considered as valid or operative until a 
similar act has been enacted by the State of New 
Jersey. A similar act was passed by the State of 
New Jersey, ^'arch 21, 1911. 

Section 13. It ^.hall be unlawful for any person to 
catch and take, or to attempt to catch and take, 
from the Delaware River below Trenton Falls, in 
any manner whatsoever, any striped bass, other- 
wise known as rock fish, weighing more than 
twenty pounds, or measuring less than t^u inches 
in length; or any sturgeon, less thai! five feet in 
length; or any black bass, or any jmall mouth 
l3ass, large-mouth hass, otherwise l^nown as Os- 
wego or yellow bass, less than nine inches in 
length; or any pike or nickerel. or any pike-perch, 
otherwise known as wall-eved T>i!<e or Susquehanna 
salmon, less than twelve inchps in length; or any 
•calico or strawberry bass, crappie, white bass, 



GAME, FISH AND FORESTRY LAWS. 



149« 



rock bass, otherwise known as led-eye or goggle- 
eye, or trout, or charr, less than six inches in 
length. Any fish of a less length than those de- 
scribed, or any striped bass, commonly called rock 
fish, weighing more than twenty pounds, which 
may be caught must be returned immediately to 
the water: Provided, That nothing in this section 
shall be so construed as to prevent the fishery 
authorities of the Commonwealth of Pennsylvania 
or of the State of New Jersey capturing fish of any 
size, from said waters, or at any time of the year, 
or in any manner, for propagation purposes and 
for stocking other waters in their respective 
States, through their representatives. Any person 
who shall viohite any of the provisions of this sec- 
lion shall, on conviction thereof, be subject to a 
tine of ten rlollars for each and every fish so 
caught and ban in possession. 

Section 14. 1' shall be unlawful for any person, 
by boat, anchor, dredge, or otherwise, in the Dela- 
ware River below Trenton Falls, to wilfully, and 
without reasonable cause, interfere with, break, 
damage, or destroy any drifting gill net or hauling 
seine, or nets of any description, being lawfully 
used; and it shall be unlawful for any person to 
drift a gill net over the waters of a shore fishery 
while the hauling seine is being used. Any person 
violating any of the provisions of this section shall 
on conviction thereof, be subject to a fine of tw^enty 
dollars. 

Section 15. It shall be unlawful for any person to 
put or place in the Delaware River below Trenton 
Fails any explosive or poisonous substances what- 
soever, or any drug, or any poison bait, for the 
purpose of catching, taking, killing, or injurying 
the fish; or to allow any dye-stuff, coal or gas tar, 
coal oil, sawdust, tan-bark, cocculus indicus (other- 
wise known as fish berries), lime, vitriol, or any 
of the compounds thereof, refuse from gas-houses, 
oil-tanks or vessels, or any deleterious destructive, 
or poisonous substances of any kind or character, 
to be turned into, or allowed to run, flow, wash, 
or be emptied into, any of the waters aforesaid, 
unless it is shown that every pi-acticable means 
have been used to prevent the pollution of waters 
in question by the escape of deleterious substances. 



Proviso. 



Fishing au- 
thorities. 



Fine. 



Boats, 

anchors, and 
dredges. 



Unlawful 
use of. 



Fine. 



Explosives 
or poisons- 



Deleteriousf 
or destructive 
substances-. 



Pollution' 
of waters'.- 



ise 



'GAME, FISH AND FORESTRY LAWS. 



*!&Mue. 



Unlawful 
'sale, offer, 
' or jpogges- 
""sion. 



'Tine, 



* Coacarrent 

•ijurlsdic- 

Hioo. 



irrests. 



■Char^ev 



In case of the pollution of waters by substances 
known to be injurious to fishes or to fish food, it 
shall not be necessary to prove that such sub- 
stances have actually caused the death of any 
particular fish. Any person violating any of the 
provisions of this section shall on conviction there- 
of, be subject to a fine of two hundred dollars. 

Section 16. It shall be unlawful to purchase, sell, 
or offer for sale, or have in possession, any fresh 
dead game fish or food fish, except during the law- 
ful period for catching the same, and the space of 
six days after such period has expired. Any per- 
son violating any of the provisions of this section 
shall, on conviction thereof, be subject to a fine of 
ten dollars fo;- each fish. 

Section 17. The Commonwealth of Pennsylvania 
and tUe State of New Jersey shall have concurrent 
jurisdiction over all offenses and violations of this 
act, committed or attempted to be committed by 
any person or persons fishing in the Delawaie 
River below Trenton Falls, within the jurisdiction 
respectively of the said Commonwealth of Penn- 
sylvania and the State of New .Jersey. Any fish 
warden, or any person in either ^tate authorized to 
make arrests for violations of the fish laws shall 
have power and authority to make arrests in any 
part of the river, or shores thereof, and take such 
person or persons for trial to tlie State in which 
the offense was committed, and proceed against the 
offender according to the legal procedure for vio- 
lation of the fish laws of said State. If the arrest 
be made upon the shores of the said Delaware 
River, Vvithin this Commonwealth, the said per- 
son or persons shall be taken before any justice of 
the peace, alderman, magistrate, or other legally 
constituted authority in the county in which the 
arrest was made, and thereupon make charge of 
such violation of the law, or any provision thereof; 
and the justice of the peace, alderman, or other 
legally constituted authority, shall forthwith hear 
and determine the guilt or innocence of the person 
or persons so charged, and, if convicted upon such 
■charge, shall he sentenced by said justice, alder- 
man, or magistrate, severally, to pay the fine or 
fines, penalty or penalties, provided in this act for 
such violations, together with the costs of suit; 



GAME, FISH AND FORESTRY LAWS. 



151 



said fines to be paid over forthwith to the treas- 
urer of the county in which the prosecution was 
brought, and said county treasurer to pay over 
the sum forthwith to the Commissioner of Fisher- 
ies, for the benefit of the Commonwealth: Pro- ProTiso. 
vided, That in case the defendant or defendants 
shall neglect to pay, at once, the fine or fines so 
imposed, said defendant or defendants shall forth- 
with be sentenced to undergo imprisonment, in the 
county jail of the county where such conviction 
takes place, for a period of one day for each dol- 
lar of fine so imposed and unpaid, unless the de- -^pp**^* 
fendant or defendants, upon conviction, shall give b^q 
notice of intention to appeal, when such defendant 
or defendants shall be permitted to enter into good 
and sufficient recognizance to appear before such 
justice, alderman, or magistrate, on or before the 
-expiration of five days, if such appeal is not taken 
by them, or on the final determination of such Proviso, 
appeal if it be not sustained, for execution of sen- 
tence: Provided also, That all actions for any 
violation of any of the provisions of this act must 
be taken within one year from the time the offense 
was committed. In case any fish warden, or any 
person authorized to make arrests for violation of 
the fish laws, fails to prove his case, and the 
defendant or defendants are discharged or failure 
to prove in case the defendant or defendants case, 
etc., are convicted, and are sent to jail, in lieu of 
the payment of fine or fines, penalty or penalties, 
the county in which the case is heard shall pay the 
costs, Such arrests shall also be made on Sun- 
day, In which case the person or persons shall be 
taken before the proper officer and proceeded 
ggainst on a week day following the arrest. 

Section 18. Any person or persons who shall by 
jthreat, menace, or force, or in any manner, at-, 
iempt to deter or prevent any fish warden, or other 
jperson authorized to make arrests for violation of 
the fish laws, in either State, from enforcing or 
/carrying into effect any provision of this act, or 
who shall resist arrest, or the seizure of boats or 
iiets Illegally used, shall, on conviction thereof, he 
gubject to a fine of one hundred dollars. 

Section 19. The following acts and parts of acta Repeals, 
are intended to be supplied ^y thii set, and the 



Interferenc* 
with offlcers. 
Fine. 



152 



GAME, FISH AND FORESTRY LAWS. 



Act of May 
22, 1889. 



Act of May 
22, 1889, 
part of. 



Act of May 
12, 1901. 



Act of June 
25, 1895. 



When act 
shall go 
Into effect. 

Prorlso. 



same are hereby repealed; also, all acts or parts 
of acts inconsistent with this act, be and the same 
are hereby repealed. 

1. An act for the protection of shad, sturgeon, 
and game fish in the river Delaware, approved 
May twenty-second, eighteen hundred and eighty- 
nine. 

2. An act for the protection of shad and game 
fish in the State of Pennsylvania, approved May 
twenty-second, eighteen hundred and eighty-nine, 
or so much thereof as relates to the Delaware 
River below Trenton Falls. 

3. An act for the protection of Penobscot salmon 
planted in the river Delaware, and providing pen- 
alties for the enforcement thereof, approved May 
twelfth, nineteen hundred and one. 

4. An act for the protection of sturgeon, ap- 
proved June twenty-fifth, eighteen hundred and 
ninety-five. 

Section 20. This act shall take effect imme- 
diately; but no section, proviso, or part of this act 
shall be considered as valid and operative until a 
similar act has been enacted by the State of New 
Jersey: Provided, That when the said State of 
New Jersey has enacted a similar act, the provi- 
sions of this act relating to the size of the meshes 
of nets shall not become operative until June sec- 
ond, nineteen hundred and nine. 

Approved— The 8th day of May, A. D. 1909. 

EDWIN S. STUART. 

An act similar to the foregoing was passed by 
the Legislature of New Jersey and signed by the 
Governor of that State on April 1st, 1909. 

An act similar to the amended sections 9 and 12 
of this act was passed by the Legislature of New 
Jersey and signed by the Governor upon the 21st 
day of March. 

And an act similar to amended section 7 of this 
act was passed by the Legislature of New Jersey 
and signed by the Governor upon the 15th day of 
April, 1911. 

So that this act is binding in every particular 
upon the citizens of Pennsylvania. 



GAME, FISH AND FORESTRY LAWS. 153 



AN ACT 

To encourage the propagation of fish, and to regu- 
late the catching, taking, and destruction of fish, 
in the Delaware River above Trenton Falls, with- 
in the jurisdiction respectively of the Common- i909. May 8, 
wealth of Pennsylvania and of the State of New p- ^- ^^o. 
Jersey; and providing penalties for violation of 
its provisions, and to repeal acts inconsistent 
therewith. 

Whereas, By virtue of a joint resolution of the whereaa. 
Commonwealth of Pennsylvania, approved the 
eighth day of May, Anno Domini one thousand 
nine hundred and seven, entitled "A joint resolu- 
tion providing for the creation of a commission to 
co-operate with the authorities of the States of 
New Jersey, New York, and Delaware in regard to 
the propagation, protection, and catching of stur- 
geon, shad, bass, perch, and other fish in the Dela- 
ware River; the adoption of concurrent laws rele- 
vant thereto by such States; and to cooperate with 
the authorities of the State of Maryland in regard 
to fish and fishing in the Susquehanna River, and 
the adoption of concurrent laws relevant thereto 
by such States; arid to inquire in relation to the 
pollution of the waters of said rivers, and recom- 
mend legislation regulating and controlling the 
same; and making an appropriation for those pur- 
poses," the following were appointed commission- 
ers on the part of the Commonwealth of Pennsyl- 
vania: From the Senate, Frederick A. Godcharles, 
Webster Grim, and Algernon B. Roberts; from the 
House of Representatives, Hiram J. Sedwick, Al- 
fred Marvin, and Joseph N. Hunter; by Governor 
Edwin S. Stuart, Henry F. Walton; and by the 
terms of the joint resolution, the Commissioner of 
Fisheries, W. E. Meehan, and Frank B. McClain, 
Speaker of the House; and 

Whereas, By a joint resolution passed by the whereaa. 
Legislature of the State of New Jersey, approved 
March twenty-five. Anno Domini one thousand nine 
hundred and eight, entitled "Joint resolution pro- 
viding for the creation of a commission to co- 
operate with the authorities of the States of Penn- 



164 



GAME, FISH AND FORESTRY LAWS. 



Whereas. 



Whereas. 



Delaware 
Blrer above 
Trenton 
Falls. 



Bight of 
fishery* 



sylvania and New York in regard to the propaga- 
tion, protection, and catching of fish in the Dela- 
ware River; and to inquire into any causes of 
pollution of the waters of said river; and to recom- 
mend legislation in regard to such propagation, 
protection, and catching of fish in the Delaware 
River, and to obviate the pollution thereof," the 
following were appointed to represent the State of 
New Jersey: From the Senate, Edmund W. Wake- 
lee and Joseph S. Frelinghuysen; from the Assem- 
bly, Austin Colgate, Oliver C, Holcombe, and 
Henry D. Thompson; by the Governor, John 
Franklin Fort, Doctor Henry Van Dyke; and by 
the terms of the resolution. President of the Fish 
and Game Commission, B. C. Kuser, President of 
the Senate, Thomas J. Hillery, and Frank B. Jess, 
Speaker of the House of Assembly; and 

Whereas, Tbe commissions of the said Com- 
monwealth of Pennsylvania and the State of New 
Jersey have been duly organized, as provided and 
required by law; and 

Whereas, The said Commissioners of the said 
Commonwealth of Pennsylvania and the said State 
of New Jersey, in joint meeting held for that pur- 
pose, have agreed upon uniform laws to provide 
an act providing uniform laws to encourage the 
propagation of fish, and to regulate the catching, 
taking, and destruction of fish, in the Delaware 
River above Trenton Falls, within the concurrent 
jurisdiction of the Commonwealth of Pennsylvania 
and the State of New Jersey, and providing penal- 
ties for violations of its provisions; therefore, — 

Section 1. Be it enacted, &c.. That the provisions 
of this act shall affect and apply only to the pro- 
pagation, catching, taking, and protection and de- 
struction, of fish in the waters of the Delaware 
River above Trenton Falls, lying between the Com- 
monwealth of Pennsylvania and the State of New 
Jersey. 

Section 2. The inhabitants of the Commonwealth 
of Pennsylvania and of the State of New Jersey 
shall have and enjoy a common right of fishery 
throughout, in, and over the waters of said river, 
between low-water mark on each side of said river, 
between said States, above Trenton Falls, except 
so far as either State may have heretofore granted 
valid and subsisting private right of fishery. 



GAME, PISH AND FORESTRY LAWS. 155 

Section 3. For the purpose of this act, the follow- Game flsh. 
ing fish shall be designated as game fish, to wit, 
Black bass, or small-mouth bass; large-mouth 
bass, otherwise called Oswego, or yellow bass; 
strawberry, or calico bass; rock bass; otherwise 
known as red-eye or goggle-eye; white bass, crap- 
pie; pike-perch, otherwise called wall-eyed pike, 
Susquehanna salmon; pike, pickerel, white perch, 
yellow perch; charr, commonly called brook or 
>peckled troat; or any form of trout. The fol- j^^^^ ^^ 
lowing shall be designated as bait fish; to wit, All 
^-pecies of minnows, killifishes, and stone catfish. 
All other species or varieties of fish, whatsoever, Food fish 
shall be designated as food fish. 

Section 4. It shall be unlawful to catch or fish 
for any game fish, in any part of the Delaware 
River above Trenton Falls, with any device, or by Lawful 
any means or method whatsoever, excepting with gj^^^ng^'for 
rods and lines; or hand-lines, commonly called dip- game fish, 
sey or throw-lines, each having not more than 
three hooks; or with trolling-lines, with spoon or 
artificial bait, having not more than one burr of 
three single hooks attached. The number of rods 
and lines, or the number of trolling-lines, not to 
exceed two of one or the other device named, and 
said lines must be under the direct and immediate 
supervision of the person fishing therewith. Any 
peison violating any provisions of this section 
shall, on conviction thereof, be subject to a fine of 
twenty dollars. P^^g 

Section 5. It shall be unlawful to fish for bait 
fish, in the Delaware River above Trenton Falls, 
except with the following devices: to vvit, rods and Lawful 
lines and hand-lines, with not more than three manner of 
hooks attached; a minnow seine, not more than (|a|\'"fsii 
one hundred feet in length; a dip net, not more 
than five feet square; a minnow trap, the opening 
of which shall not be more than one and one- 
quarter inches in diameter; a scoop net, with sin- 
gle handle, and with a diameter of net not more 
than two feet. Any person who uses any other 
device, method, or means for catching bait fish, 
other than those specified in this section, shall, on 
conviction thereof, be subject to a fine of twenty Fine, 
dollars. 



U56 



GAME, FISH AND FORESTRY LAWS. 



Lawful 
manner of 
fishing for 
ifoud Hsb. 



(Fine. 

Sturgeon. 
.^eine. 



■Ottier food 
fish. 



Close season. 



Fines and 
forfeitures. 



.Anchored or 
staked net 
^prohibited. 



jEel pots and 
tfyke nets. 



Section 6. It shall be unlawful to fish for food 
fish, in the Delaware River abaye Trenton Falls, 
with any device, method, or means excepting by 
the following devices, and under regulations and 
restrictions hereinafter described; to wit, a seine, 
an eel pot, or a fyke net, each without wings; and 
rods and lines, or hand-lines, otherwise known as 
dipsey or throw-lines, each having not more than 
three hooks. Any person who shall use or employ 
any method or device for catching food fish other 
than those named in this section, or shall use or 
employ any device named in this section contrary 
to the regulations or restrictions hereinafter men- 
tioned, shall be subject to a fine of twenty dollars. 

Section 7. It shall be unlawful for any person to 
catch and take, or attempt to c.itch and take, stur- 
geon, from the Delaware River above Trenton 
Falls, with any device excepting a seine, the 
meshes of which shall not be less than thirteen 
inches stretched measure while being fished; or to 
catch and take, or to attempt to catch and take, 
any other food fish from said waters with a seine 
the meshes of which shall be less than two and 
one-half inches stretched measure while being 
fished. It shall also be unlawful for any person to 
catch and take, or to attempt to catch and take, 
any food fish, except sturgeon, by means of a seine, 
between the tenth day of June, in each and every 
year, and the first day of March next ensuing. 
Any person who shall violate any of the provisions 
of this section shall, on conviction thereof, be sub- 
ject to a fine of one hundred ($100) dollars, together 
with a forfeiture of all nets, boats and appliances 
used. 

Section 8. It shall be unlawful for any person to 
catch and take, or attempt to catch and take, any 
fish of any kind, from the Delaware River above 
Trenton Falls, with a net of any character, which 
is anchored or staked or fastened down in any 
manner, permanently or otherwise, or to use any 
net so anchored or fastened down, in any manner. 
Nor shall any net of any kind or character, except- 
ing an eel pot, a fyke net, each without wings, be 
used for the purpose of catching and taking fish in 



GAME. FISH AND FORESTRY LAWS. 



157 



said waters, within one-half mile above or below 
the mouth of any river, creek or stream emptying 
into said Delaware River above Trenton Falls. 
Any person who shall violate any of the provisions 
of this section shall, on conviction thereof, be sub- 
ject to a fine of twenty ($20) dollars, together with 
the forfeiture of nets, boats, and other appliances 
used. 

Section 9 as amended by the act of June 3, 1911, 
P. L. 637. 

Section 9. It shall be unlawful for any person 
to catch and take, fish of any kind or description 
from the Delaware River above Trenton Falls, by 
means of a net, or to use a net of any character 
in the waters aforesaid, between Saturday at two 
o'clock post meridain and twelve o'clock midnight 
Sunday night, in each week. Any person violat- 
ing any of the provisions of this section shall, on 
conviction thereof, be subject to a fine of one 
hundred dollars, together with a forfeiture of all 
nets, boats, and other appliances used. 

This act shall take effect immediately, but shall 
not be considered as valid or operative until a 
similar act has been enacted by the State of New 
Jersey. A similar act passed by New Jersey, May 
1, 1911. 

Section 10. It -shall be lawful to catch food fish, 
with rods and lines, and hand-lines, and trolling- 
lines, as described in section four of this act, at 
any time of the year, in the Delaware River above 
Trenton Falls; but it shall be unlawful to fish for 
and take game fish, excepting from the fifteenth 
day of June to the first day of December, inclusive, 
■n each year. Any person violating any of the 
provisions of this section shall, on conviction 
thereof, be subject to a fine of ten ($10) dollars for 
each and every fish so taken. 

Section 11. It shall be unlawful to use eel pots 
and fyke nets, each without wings, in the Delaware 
River above Trenton Falls, from June first to July 
first in each year, both dates inclusive; but it 
shall be lawful to use eel pots and fyke nets, each 
without wings, from July first to May thirty-first, 
both dates inclusive, in each year, foi- the purpose 
of catching carp, catf.sh, eels, and suckers only. 
All other species of fish which may be caught in 



Tributaries. 



Fines and 
forfeiture. 



Fishing bjr 
use of net 
prohibited 
within cer- 
tain hours. 



Fine and 
forfeiture. 



Food fish ; 
open season. 



Open season 
fur game 
fish. 



Eel pots and 
fyke nets ; 
close season. 

Open season 
for carp, 
catfish, eels, 
and suckers. 



158 



GAME, FISH AND FORESTRY LAWS. 



Proviso, 
Fine and 
forfeiture. 



Length and 
weight nf 
flsb that 
may be 
laken. 



^Proviso. 

Fishery 
authorities. 



Fine. 



Boats, 

anchors, and 
dredges. 



said nets must be returned unharmed immediately 
to the waters from which taken: Provided, That 
the entrance of said eel pot and fyke net shall not 
be more than six inches in diameter, and the out- 
side diameter not more than thirty inches. Any 
person violating any of the provi«ions of this sec- 
tion shall, on conviction thereof, be subject to a 
fine of twenty ($20) dollars, together with a for- 
feiture of all nets, boats, and other appliances 
used. 

Section 12. It shall be unh wful for amy person 
to catch and take, or attempt to catch and take, 
from the Delaware River above Trenton Falls, in 
any manner whatsoever, any striped bass, other- 
wise known as rock fish, weighing more than twen- 
ty pounds, or measuring less than ten inches in 
length; or any sturgeon, less than five feet in 
length; or any black bass, or any small-mouth 
l)ass, laft-ge-mouth bass, otherwise known as Os- 
wego or yellow bass, less than nine inches in 
length; or any pike or pickerel, or any pike-perch, 
otherwise known as wall-eyed pike or Susquehanna 
salmon, less than twelve inches in length; or any 
calico or strawberry bass, crappie, white bass, rock 
bass, otherwise known as red-eye or goggle-eye, 
or trout, or charr, less than six inches in length. 
Any fish of a less length than those described, or 
any striped bass, commonly called rock fish, weig- 
ing more than twenty pounds, which may be 
caught, must be returned immediately to the 
water: Provided, That nothing in this section 
shall be so construed as to prevent the fishery au- 
thorities of the Commonwealth of Pennsylvania 
or of the State of New Jersey capturing &sh of any 
size, from said waters, or at any time of the year, 
or in any manner, for' propagating purposes and 
for stocking other waters in their respective 
States, through their authorized representatives. 
Any person who shall violate any of the provisions 
of this section shall, on conviction thereof, be sub- 
ject to a fine of ten dollars for each and every fish 
so caught and had in possession. 

Section 13. It shall be unlawful for any person, 
by boat, anchor, dredge, or otherwise, in the 
Delawai-e River above Trenton Falls, to wilfully, 
and without reasonable cause, interfere with, 



GAME, FISH AND FORESTRY LAWS. 



159 



break, damage, or destroy any hauling seine, or 
net of any description, being lawfully used. Any 
person violating any of the provisions of this sec- 
tion shall, on conviciion thereof, be subject to a 
Section 27, Act May 1st, 1909, page 135. 

Section 14. It shall be unlawful for any person 
to put or place in the Delaware River above Tren- 
ton Falls any explosive or poisonous substances 
whatsoever, or any drug, or any poison bait, for 
the purpose of catching, taking, killing, or injur- 
ing the fish, or to allow any dye-stuff, coal or gas 
tar, coal oil, sawdust, tanbark, cocculus indicus 
(otherwise known as fish berries), lime, vitriol, or 
any of the compounds thereof, refuse from gas- 
houses, oil-tanks or vessels, or any deleterious 
destructive or poisonous substances of any kind or 
character, to be turned into, or allowed to run, 
flow, wash or be emptied into, any of the waters 
aforesaid, unless it is shown that every practi- 
cable means has been used to prevent the pollution 
of w^aters in question by the escape of deleterious 
substances. In the case of the pollution of waters 
by substances known to be injurious to fishes or to 
fish food, it shall not be necessary to prove that 
such substances have actually caused the death 
of any particular fish. Any person violating any 
of the provisions of this section shall, on convic- 
tion thereof, be subject to a fine of two hundred 
dollars. 

Section 15. It shall be unlawful to purchase, 
sell, or offer for sale, or have in possession, any 
fresh dead game or food fish, except during the 
lawful period for catching the same, and the space 
of six days after such period has expired. Any 
person violating any of the provisions of this sec- 
tion shall, on conviction thereof, be subject to a 
fine of ten dollars for each fish. 

Section 16. The Commonwealth of Pennsylvania 
and the State of ' New Jersey shall have coQcur- 
rent jurisdiction over all offenses and violations of 
this act, committed or attempted to be committed 
by any person or persons fishing in the Delaware 
River above Trenton Falls, within the jui isdiction 
respectively of the said Commonwealth of Penns^yl- 
vania and of the State of New Jersey. Any fish 
warden, or any person in either State authori-^ed 



Unlawful 
use of. 



Fine. 



Explosives 
or poisons. 



Deleterious 
or destructlT* 
substances. 



PoUutlOB 
of waters. 



Fine. 



Unlawful 
sale, offer, 
or posses- 
sion. 



Fine. 



Concurrent 

jurisdic- 
tion. 



Arrests. 



160 



GAME, FISH AND FORESTRY LAWS. 



Cbarge. 



ProTlso. 



Appeal. 
Ball. 



ProTlao. 



to make arrests for violation of the fish laws, shall 
have power and authority to make arrests in any 
part of the river, or shores thereof, and take such 
person or persons for trial to the State in which 
the offense was committed, and proceed against the 
offender according to the legal procedure for vio- 
lation of the fish laws of said State. If the arrest 
be made upon the shores of the said Delaware 
River, wfthin this Commonwealth, the said per- 
son or persons shall be taken before any justice of 
the peace, alderman, magistrate, or other legally 
constituted authority in the county in which the 
arrest was made, and thereupon make charge of 
such violation of the law, or any provision theieof; 
and the justice of the peace, alderman, or other 
legally constituted authority, shall forthwith hear 
and determine the guili or innocence of the person 
or persons so charged, and, if convicted upon such 
charge, shall be sentenced by said justice, alder- 
man, or magistrate, soverally, to pay the fine or 
fines, penalty or penalties, provided in this act for 
such violations, together with the costs of suit; 
said fines to be paid over forthwith to the treas- 
urer of the county in which the prosecution was 
brought, and said county treasurer to pay over 
the sum forthwith to the Commissioner of Fisher- 
ies, for the benefit of the Commonv/ealth: Pro- 
vided, That in case the defendant or defendants 
shall neglect to pay, at once, the fine or fines so 
imposed, said defendant or defendants shall forth- 
with be sentenced to undergo imprisonment, in the 
county jail of the coun where such conviction 
takes place, for a period of one day for each dol- 
lar of fine so imposed and unpaid, unless the de- 
fendant or defendants, upon conviction, shall give 
notice of intention to appeal, when such defendant 
or defendants shall be permitted to enter into good 
and sufficient recognizance to appear before such 
justice, alderman, or magistrate, on or before the 
expiration of five days, if such appeal is not taken 
by them, or on the final determination of such 
appeal if it be not sustained, for execution of sen- 
tence: Provided also. That all actions for any 
violation of any of the provisions of this act must 
be taken within one year from the time the offense 
was committed. In case any fish warden, or any 



GAME, FISH AND FORESTRY LAWS. 161 

person authorized to make arrests for violation of 
the fish laws, fails to prove his case, and the 
defendant or defendants are convicted, and are 
sent to jail, in lieu of the payment of fine or fines, 
penalty or penalties, the county in which the case 
is heard shall pay the costs. Such arrests shall Costs. 
also be made on Sunday, in which case the person 
or persons shall be taken before the proper cflBcer 
and proceeded against on a week day following 
the arrest. 

Section 17. Any person or persons who shall by JrYth^offlcers 
threat, menace, or force, or in any manner, at- 
tempt to deter or prevent any fish warden, or other 
person authorized to make arrests for violation of 
the fish laws, in either State, from enforcing or 
carrying into effect any provision of this act, or 
who shall resist arrest, or the seizure of boats or Fine, 
nets illegally used, shall, on conviction thereof, be 
subject to a fine of one hundred dollars. 

Section 18. The following acts and parts of acts Repeals, 
are intended to be supplied by this act, and the 
same are hereby repealed; also, all acts or parts 
of acts inconsistent with this act, be and the same 
are hereby repealed. 

1. An act for the protection of shad, sturgeon, 09 iss/'^ 
and game fish i>' the river Delaware, approved 
May twenty-second,' eighteen hundred and eighty- 
nine. 

2., An act for the protection of shad and game Act of May 
fish in the State of Pennsylvania, approved May 22, 1889, 
twenty-second, eighteen hundred and eighty-nine, 
or so much thereof as relates to the Delaware 
River below Trenton Falls. 

3. An act for the protection of Penobscot salmon . ^ ^f j^j^y 
planted in the river Delaware, and providing pen- ^2^, loi. 
alties for the enforcement thereof, approved May 
twelfth, nineteen hundred and one. 

4. An act for the protection of sturgeon, ap- Act of June 
proved June twenty-fifth, eighteen hundred and 25, 1895, 
ninety-five. 

Section 19. This act shall ta^e effect imme- . 

diately; but no section, proviso, or part of tti3 fi"t ^haiTgo^ 
shall be considered as valid and operative until a into effect. 
similar act has been en^oted by the State of New 
Jersey: Provided. That when the said State of New 
Jersey has enacted a similar act, the provisions of Proviso. 

11 



162 



GAME, FISH AND FORESTRY LAWS. 



this act relating to the size of the meshes of nets 
shall not become operative until June second, nine- 
teen hundred and nine. 

Approved— The 8th day of May, A. D. 1909. 

EDWIN S. STUART. 

An act similar to the foregoing was passed by 
the Legislature of New Jersey and signed by the 
Governor of that State on April 1st, 1909. 



Boundary 
lakes. 



Use of 
:^I11 nets. 



Penalty. 



Authority 
of officers. 



^el«tire of 
nets, boats, 
etc. 



Arrests. 



AN ACT 

To forbid the use of a gill net of more than thirty 
meshes deep, in such parts of boundary lakes of 
more than five thousand acres as this Common- 
wealth has jurisdiction over, and providing pen- 
alty and punishment for the violation of any pro- 
vision of this act. 

Section 1. Be it enacted, &c.. That in such part 
or parts of lakes of more than five thousand acres, 
lying bety.een this and any other State or foreign 
country, as this Commonwealth has jurisdiction 
over, and in any bay or inlet thereof, it shall here- 
after be unlawful to use a gill net of more than 
thirty meshes deep. Any person or persons who 
shall violate any provision of this section shall, 
on conviction, be subject to a penalty of twenty- 
five dollars; and all nets, devices, and appliances, 
or boats, shall be forfeited to the Department of 
Fisheries. 

Section 2. That from and after the passage of 
this act, any Fish Commissioner, fish warden, 
deputy warden, sheriff, deputy sheriff, constable, 
or any special officer, or any peace officer in this 
Commonwealth, is hereby authorized and com- 
manrled to forthwith seize any net or nets, boats 
or appliances, that may be used in violation of 
any provision of this act, and turn the same over 
to the Department of Fisheries; and they are 
hereby authorized and commanded to forthwith 
apprehend and arrest any person or persons who 



GAME, FISH AND FORESTRY LAWS. 



163 



Costs. 



Authority 
of justices, 



may he guilty of violating any of the provisions 
of this act, and talce him or them before any jus- 
tice of the peace, magistrate, or other legally con- 
stituted authority, and thereupon make charge of 
such violation of the law, or any of the provisions 
thereof; and th^ magistrate shall forthwith hear 
and determine the charge as provided in this act. 
And In case any Fish Commissioner, fish warden, 
or any officer named above fails to prove his case, 
and the defendant or defendants are dicharged, or 
in case the defendant or defendants are convicted, 
and are sent to jail in lieu of the payment of fine 
or fines, penalty or penalties, the county in which 
the case is heard shall pay the costs. Such arrests 
may also be made on Sunday, in which case the 
person or pei'sons shall be taken before the proper 
officer and proceeded against on a week-day follow- 
ing the arrest. 

Section 3. That from and after the passage of 
this act, any justice of the peace, alderman, or mag- 
istrate, upon information or complaint being made aldermen and 
before him, by the affidavit of one or more persons, magistrates. 
charging any person with having violated any of 
the provision"? of this act, is hereby required and -nj x 
authorized to issue his warrant, under his hand 
and seal, directed to any constable, police officer, 
or warden, requiring such person or persons to be 
arrested and brought before such justice of the 
peace, alderman, or magistrate, who shall hear and Hearing 
determine the guilt or innocence of the person or 
persons so charged; and, if convicted, such justice Penalty. 
of the peace, alderman, or magistrate shall sen- 
tence the person so convicted, severally, to 
pay the fine or fines, penalty or penalties, pro- 
vided in this act for such violation or violations, 
together with the costs of suit; and such fine or 
penalties shall be appropriated as provided in sec- 
tion two of this act. 

Section 4. All acts or parts of acts inconsistent 
with this act be and the same are hereby repealed. 

Approved— The 5th day of May, A. D. 1911. 

.JOHN K. TENER. 



164 



GAME, FISH AND FORESTRY LAWS. 



Fishing witb 
haul-seine in 
tide-water 
streams. 

Carp, suck- 
ers, mullets, 
and catfish. 

Open season. 
Proviso. 
Size of mesh 

Proviso. 



license. 

Fees. 

Term. 

Exhibition 
of license. 



Treasurer's 
fees. 



Proviso. 



AN ACT 

To authorize the use of a haul-seine in tide-water 
streams wholly within this Commonwealth, un- 
der certain conditions, for the capture of carp, 
suckers, mullets, and catfish, and providing pen- 
alties for violation of the act. 

Section 1. Be it enacted, &c., That it shall be 
unlawful to use a haul-seine in the tide-water 
streams wholly within the Commonwealth of Penn- 
sylvania, and in the limit of tide-water of said 
streams, for the catching of carp, suckers, mullets, 
and catfish, excepting from the first day of Sep- 
tember until the thirty-first day of March next en- 
suing: Provided, That the meshes of said haul- 
seine shall not be less than three inches stretched 
measure while being fished, or one and one-half 
inches from knot to knot while being fished: 
Provided further. That before any person or per- 
sons shall use a haul-seine, as provided in this act, 
he or they shall take out a license from the county 
treasurer in the county in which the person or 
persons reside, and for which the said person or 
persons shall pay the sum of five dollars; said 
license shall hold good from September first until 
March thirty-first next ensuing, both dates inclu- 
sive, and shall be shown on demand to any fish- 
warden. State policeman, constable, sheriff deputy 
sheriff, or any other person authorized to make 
arrests for violation of the fish laws of this Com- 
monwealth. On payment of the money to the 
county treasurer, said county treasurer shall issue 
a license, on forms supplied to him by the Depart- 
ment of Fisheries for that purpose, and he shall be 
entitled to retain one dollar of the said amount for 
his services in issuing the license, and the other 
four dollars with a duplicate of the license shall 
be forwarded by him forthwith to the Department 
of Fisheries, and the Commissioner of Fisheries 
shall turn over the same into the State Treasury, 
for the benefit of the Commonwealth: And pro- 
vided further, that any fish, other than carp, mul- 
lets suckers, and catfish, which may be caught in 
said haul-seines, shall be returned with the least 



GAME, FISH AND FORESTRY LAWS. 



165 



possible harm to the water from which taken; 
excepting that any shad or herring may be taken 
in said net may be kept, from the first day of 
March to the thirty-first day of March, inclusive. 
Any person or persons who violate any of the pro- 
visions of this section, or who shall use any haul- 
seine as described in this act for the capture of 
carp, mullets, suckers, and catfish from the first 
day of April until the thirty-first day of August, 
inclusive, shall, on conviction as provided in sec- 
tion three of this act, be subject to a penalty of 
fifty dollars, together with a forfeiture of all nets, 
boats, and other appliances used. 

Section 2. That any fish commissioner, fish-war- 
den, special or deputy fish-warden, sheriff, deputy 
sheriff, constable, or any special ofiicer, or any 
peace officer In this Commonwealth, is hereby au- 
thorized and commanded to arrest forthwith and 
without warrant any person or persons violating 
any provisions of this act, or to make information 
against such person or persons; and they are fur- 
ther authorized and commanded to apprehend and 
arrest, and immediately take any person or per- 
sons who may be charged with such violations 
before any justice of the peace, magistrate, or 
other legally constituted authority, and thereupon 
make charge of such violation of the law or any 
provision thereof; and the justice of the peace or 
magistrate shall forthwith hear and determine 
the charge, as provided in section three of this act; 
and in case of any fish commissioner, fish-warden, 
or any other officer named above, fails to prove his 
case, and the defendant or defendants are dis- 
charged, or in case the defendant or defendants 
are convicted and are sent to jail in lieu of the 
payment of fine or fines, penalty or penalties, the 
county in which the case is heard shall pay the 
costs. Such arrests may also be made on Sunday 
or any holiday, in which case the person or per- 
sons shall be taken before the proper officer and 
proceeded against on the lawful day next follow- 
ing the arrest. 

Section 3. That any justice of the peace, alder- 
man, or magistrate, upon information or com- 
plaint made to him by affidavit of one or more per- 
sons, charging any person or persons with having 



Shad and 
herring. 

Open seaaos. 



Carps, mul- 
lets, suckerg, 
and catfish. 

Close season. 

Penalty. 

ViolatloDA. 



Arrests. 



Hearing. 



Costs. 

Sunday 
arrests. 



Complaint* 



166 



GAME, FISH AND FORESTRY LAWS. 



Warrant, 
Arrest. 



Penalty. 



Proviso. 



Appeal. 
Bail. 



Proviso. 



Repeal. 



violated any of the provisions of this act, is hereby 
authorized and required to issue his warrant, un- 
der his hand and seal, directed to any constable, 
peace officer, or warden, and cause such person or 
persons to be arrested and brought before such 
justice, alderman, or magistrate, v/ho shall hear 
and determine the guilt or innocence of the person 
or persons so charged; and, if convicted upon such 
charge, shall be sentenced by said justice, alder- 
man, or magistrate, severally, to pay the fine or 
fines, penalty or penalties, provided in this act for 
such violations, together with the costs of the suit. 
Said fines shall be paid over forth with to the 
treasurer of the proper county, and the said county 
treasurer shall pay over the same forthwith to the 
Commissioner of Fisheries, who shall pay the 
same into the State Treasury, for the benefit of the 
Commonwealth: Provided, That in case the de- 
fendant or defendants shall neglect to pay at once 
the fine or fines so imposed, said defendant or de- 
fendants shall forthwith be sentenced to undergo 
imprisonment in the county jail of the county 
where such conviction takes place, for a period of 
one day for each dollar of fine so imposed and un- 
paid, unless the defendant or defendants, upon 
conviction, shall give notice of intention to appeal ; 
when such defendant or defendants shall be per- 
mitted to enter into good and sufficient recogniz- 
ance, with condition that the defendant or de- 
fendants appear before such justice, alderman, or 
magistrate, on or before the expiration of five days, 
if such appeal is not taken by him or them, or 
on the final determination of such appeal if it be 
not sustained, for execution of sentence: Pro- 
vided also. That all actions for any violation of any 
of the provisions of this act must be commenced 
within one year from the time when the offense 
was committed. 

Section 4. All acts or parts of acts inconsistent 
with this act are hereby repealed. 

Approved — The 3rd day of June A. D. 1911. 

JOHN K. TENER. 



GAME, FISH AND FORESTRY LAWS. 167 



SUMMARY OF IMPORTANT PROVISIONS OF Tf'E FISH 
LAW RELATING TO FISH AND FISHING IN iNLAND- 
WATERS. 



The Department of Fisheries has nothing whatever to do 
with the enforcement of either the Game or the Forestry laws- 
of this Commonwealth. 

All letters relating to fish or to fishing in this Common- 
wealth should be addressed to the Department of Fisheries at 
Harrisburg, Penna. 

The following are classified as game fish in inland waters: 
Charr, commonly called brook trout; all species of trout and 
of the salmon family; blue pike; perch-pike, otherwise known 
as Susquehanna salmon, or wall-eyed pike; pickerel, western 
pike; muscallonge; small-mouth bass, otherwise called black 
bass; large-mouth bass, otherwise called Oswego, green, or 
yellow bass; crappie, grass, strawberry, or calico bass; white 
bass; rock bass, otherwise known as red-eye, or goggle-eye; 
and all other species or varieties of fresh water fish, called or 
commonly known as bass, except striped bass, or rock fish, and 
fall fish. The following are classified as bait fish; to wit. All 
forms of minnows, all forms of killi-fishes, and stone catfish. 
All other species or variety of fish, whatsoever, in the waters 
within this Commonwealth, are hereby classified as food fish. 

Section 1, Act May 1, 1909, page 116. 

There shall be no fishing of any kind, or with any device, by 
any person on the first day of the week, commonly called 
Sunday. 

Penalty, $20. 

Section 2, Act May 1, 1909, page 117. 

Where a person is prosecuted for violating any provision of 
the fish law of this State he is to be tried summarily. 

He is entitled to appeal under the provisions of the Consti- 
tution relating to appeal from summary conviction. 

He has the right to enter into recognizance to either pay 
the penalty imposed, or to certiorari the proceedings or to 
appeal. 

Section 27, Act May 1, 1909, page 135. 



168 GAME, FISH AND FORESTRY LAWS. 

The full penalty recovered for violation of the fish law of 
this Commonwealth belongs to the Commonwealth and no pro- 
secutor is entitled to any part thereof. 

Section 27, Act May 1st, 1909, page 135. 

Remember there are two distinct sets of fish laws in opera- 
tion in Pennsylvania, one applying to inland waters and the 
other to boundary waters, Lake Erie and the Delaware River. 
Do not get these laws confounded. 

Remember fish in this State, bait fish excepted, can be taken 
only by methods specifically permitted and that you are liable 
to a penalty if you take them in any other way. 

Trout may be taken only with a single rod and line, and but 
one rod and line can be legally used by one person at one time 
on trout streams of the Commonwealth no matter what kind 
of fish you may be attempting to catch. 

A trout stream as described by the law, is "a stream, or that 
part thereof, in which trout are commonly fished for and 
caught." 

Section 28, Act May 1, 1909, page 136. 

Other fish classed as game fish may be taken by rod and line 
or hand line without limit in numbers of rods that may be 
used, during the open season for such fish in the State, ex- 
cepting that the number of appliances known as a tip up used 
for the catching of pickerel and yellow perch through the ice 
is limited to eight to one person. The use of hand lines ap- 
pear to be limited to one hand line. 

Food fish may be taken at any time, Sundays excepted, 
through the use of rod and line or hand line, without limit in 
the number of rods and lines used; hand lines appear to be 
limited to one line. 

No line either fastened to a rod or used as a hand line, shall 
have attached thereto more than three hooks at one time, and 
the hook known as a burr hook containing three points, shall 
be considered as one hook. 

No person fishing with rod and line or with hand line shall 
be liable to a penalty unless he has caught and retained a fish, 
the catching of which is forbidden at that time. 

The device known as a tip is permitted for the taking of 
pickerel and yellow perch in season; the number is limited to 
eight to any one person at one time. 



GAME, FISH AND FORESTRY LAWS. 169 

Spears or gigs without regard to size or spread of tine may- 
be used for the taking of eels, carp, suckers, and mullets in 
streams other than trout streams, during the months of July, 
August, September and October. 

Outlines or night lines may be used in streams other than 
trout streames I'rom the first day of June to the first day of 
December for the catching of carp, suckers, mullets, catfish 
and eels; dead bait alone can be used, and the number of 
snoods with hook attached that can be legally used by one 
person at one time is limited to 100. An outline is a line 
fastened at both ends to some weighty or stationary object. 

Bait fish may be taken at any time, Sunday excepted, and 
in any manner excepting through the use of explosives and 
poisons, the use of nets of all kinds is forbidden from Saturday 
noon until 6 o'clock of the Monday morning next following. 

Brook trout may be legally taken only with a single rod and 
line having attached thereto not more than three hooks, from 
the fifteenth day of April to the thirty-first day of July, both 
days inclusive. 

Lake trout can be legally taken from the fifteenth day of 
June to the first day of December. 

Wall-eyed pike, commonly called Susquehanna salmon, may 
be legally taken from the fifteenth day of June to the thirty- 
first day of December of each year, both days inclusive. 

All other fish classed as game fish, excepting trout and 
salmon, may be legally caught from the fifteenth day of June 
to the thirtieth day of November of each year, both days in- 
clusive. 

Section 3, Act May 1, 1909, page 118. 

It is unlawful to catch and retain, or to have in possession 
after the same have been caught in any of the waters of this 
Commonwealth, any brook trout of a full length less than six 
inches. 

Or to catch and retain in any one day more than forty of 
such fish. 

Or to catch and retain or to have in possession after the 
same have been caught in any of the waters of this Common- 
wealth any white bass, rock bass, crappie, strawberry bass or 
calico bass, or any yellow perch of a length less than six: 
inches. 



170 GAME, FISH AND FORESTRY LAWS. 

Or to catch and retain more than twenty-five of any of these 
kinds of fish in any one day. 

Or to catch and retain, or to have in possession, any black 
bass, or any Oswego or yellow bass, or striped bass otherwise 
known as rock fish, or any salmon trout of a length less than 
eight inches. 

Or to catch and retain more than twelve black bass or 
twelve yellow bass in any one day. 

Or to catch and retain any blue pike, pike perch, otherwise 
called Susquehanna salmon, or any pickerel of a length less 
than twelve inches. 

Or to retain more than twenty-five of either of these kinds 
of fish caught in any one day. 

Or to catch and retain any muscallonge of a length less than 
twenty-four inches. 

Or to retain more than four of these fish caught in any one 
day. 

Or to catch and retain any sturgeon of a length less than 
five feet. 

Section 3, Act May 1, 1909, page 118. 

Suckers, carp, cat fish, eels, mullets and sun fish are classed 
as food fish and may be taken at any time of the year (Sun- 
days excepted), through the use of rod and line or by hand 
line. 

These fish, excepting the sun fish, may be taken in streams 
other than trout streams, through the use of dip nets and fyke 
nets, without wing walls from the thirtieth day of June of 
any one year until the first day of June next following. Said 
fyke nets are to be of prescribed opening and set not nearer 
than ten feet apart. No limit as to size of net of either kind. 

Section 4, Act May 1, 1909, page ■ 

Shad, herring and alewife may be legally taken from the 
first day of March to the tenth day of June next following, 
both days inclusive (Sundays excepted), through the use of 
seines and nets of prescribed mesh. 

Section 4, Act May 1, 1909, page 119. 

Outlines can be used in waters not inhabitable by trout from 
the first day of June to the thirtieth day of November next 
following, both days inclusive, for the purpose of catching 
-carp, eels, suckers, mullets and cat fish, only, and cut or dead 
bait alone can be used on such line. 

Outlines are lines having both ends fastened to some 
■weighty or stationary object. These lines can be legally used 



GAME, FISH AND FORESTRY LAWS. 171 

only from five o'clock of one afternoon to seven o'clock of the 
next morning. Snood with hooks attached must be removed 
or the hooks cleared of bait each day. The line must be 
so weighted as to rest upon the bottom. No individual can 
have in use on one out line or on any number of out lines more 
than 100 hooks at any one time. 

All other fish than above named caught through the use of 
an outline, must be released with as little injury as possible 
and be returned to the waters from whence they were taken. 

Penaltv, $20. 

Section 6, Act May 1, 1909, page 120. 

Migration of fish must not be obstructed. 

Penalty, $50. 

Section 7, Act of May 1, 1909, page 121. 

Fish baskets, with wing walls may be used from four o'clock 
of the afternoon of one day until eight o'clock of the following 
morning (Sunday excepted), from the fifteenth day of August 
to the thirtieth dav of November next following, both days 
inclusive, for the catching of eels, suckers, carp and mullets. 

All other kinds of fish taken by this metohd must be re- 
turned to the waters unharmed. 

Persons intending to operate a device of this kind must first 
secure a license. 

Wing walls must not extend from shore to shore or other- 
wise obstrutc entire stream. 

Bottoms must be of wooden slats with edges well rounded. 

Number of license must be painted on sides of basket. 

Operators of such device limited to owner and legitimate 
employes. 

Owners responsible for violatins through the use of basket. 

Bottoms must be so adjusted as to making the catching of 
fish impossible during day time. 

Baskets must be removed or dismantled within one week 
after close of season. 

Report of catch must be made at request of Commissioner 
of Fisheries. 

Penaltv, $25 for each offense. 

Section 8, Act of May 1, 1909, page 121. 



172 GAME, FISH AND FORESTRY LAWS. 

Fish ways must be placed in dams at request of Commis- 
sioner of Fisheries. 

Section 9, Act May 1, 1909, page 124. 

Water wheels must be screened at request of Commissioner 
of Fisheries. 
Section 10, Act May 1, 1909, page 125. 

Persons engaged in the artificial propagation of fish for 
profit must procure a license before beginning to operate such 
plant. 

Persons so licensed may catch fish on such licensed prem- 
ises (except open streams), at any time, without limit, and in 
any manner excepting through the use of explosives and 
poisons, and may sell same either within or without the Com- 
monwealth, at pleasure, under certain restrictions. 

Section 11, Act May 1, 1909, 125. 

Brook trout taken from either private streams, not covered 
by a license, or from public waters, may not be legally bought 
or sold by any one at any time, either within or without the 
Commonwealth. 

Penalty, $20 for each offense. 

Section 12, Act May 1, 1909, page 127. 

Other fresh dead game fish, caught either within or with- 
out the Commonwealth, may be bought and sold within the 
Commonwealth only during the open season for such fish 
within the Commonwealth and for six days thereafter. 

Dead fresh food fish caught within the Commonwealth may 
be bought and sold only during the open season for such fish 
and for six days thereafter. 

Section 13, Act May 1, 1909, page 128. 

It is illegal without permission of some one in authority to 
fish for fish of any kind, or, to trespass upon lands used by the 
State for fish propagating purposes. 

Penalty, $100. 

Section 14, Act May 1, 1909, page 128. 

Domestic fowls may be killed when found trespassing upon 
waters or lands used by any person for the artificial propaga- 
tion of fish, after notice in writing to the owner of such fowls. 

Wild birds or animals destructive to fish may be killed on 
such waters or lands at any time. 

Section 15, Act May 1, 1909, page 129. 

Pollution of streams prohibited. 



GAME, FISH AND FORESTRY LAWS. 173 

It is unlawful to place explosives or poisons in any of the 
waters of this Commonwealth, excepting explosives for engin- 
eering purposes, a permit for the use of which must first be 
secured from the proper authorities. 

Penalty $100. 

Section 16, Act May 1, 1909, page 129. 

It is unlawful to introduce into any of the waters of this 
Commonwealth inhabited by trout, any other carnivorous fish, 
without first securing the consent of the owner of such waters, 
and also the written consent of the Commissioner of Fisheries. 

Penalty, $50. 

Section 17, Act May 1, 1909, page 129. 

When acting in his official capacity for the State, either in 
person or through his duly appointed agents, the Commis- 
sioner of Fisheries has the right to catch fish at any time and 
in any manner except through the use of explosives or poisons. 

Section 18, Act May 1, 1909, page 130. 

The Commissioner of Fisheries can make such distribution 
of fish as to him may seem best. 

First, to the public waters located on Forestry Reserves of 
the State. 

Second, to public institutions for educational purposes. 

Third, to such other waters of the State as may be open to 
public fishing. 

Section 19, Act May 1, 1909, page 130. 

It is unlawful to apply for, or to receive fish from the De- 
parthient of Fisheries, for the purpose of stocking private 
waters, not open to public fishing within the State. 

Penalty, $25. 

Section 19, Act May 1, 1909, page 130. 

The Commissioner of Fisheries has the power to set aside 
and close to fishermen, for a series of years, any of the small 
streams of the State that may to him seem best suited for 
nursery purposes. 

Section 20, Act May 1, 1909, page 131. 

Persons fishing with certain devices must secure a license. 
Section 21, act May 1, 1909, page 132. 

It is unlawful for any person other than the licensee of such 
device or his legitimate employe, to remove fish from such 
device, except that any person may release and set at liberty 
any fish that might not be legally taken through the use of 
such device. 

Section 22, Act May 1, 1909, page 132. 



174 GAME, FISH AND FORESTRY LAWS. 

Where a fish warden fails to convict or defendant goes to 
jail, costs are to be paid by the county. 
Section 24, Act May 1, page 133. 

Persons interfering with officers of the Department of Fish- 
eries, either by threats, menaces or in any manner attempting 
to deter or hinder them in the performance of their duty, are 
liable to a penalty of $100. 

Section 25, Act May 1, 1909, page 134. 

Prima facie evidence. 

Section 23, Act May 1, 1909, page 135. 

Manner of procedure to secure convictions and of appeal. 
Section 21, Act May 1, 1909, page 135. 

Wardens are required to return all penalties collected to the 
State. 

Section 27. Page 135. 

Wardens' powers and duties. 

Commissioner of Fisheries has the right and power to issue 
bulletins. 

Section 31, Act May 1, 1909, page 138. 

All boats, nets, and other fishing paraphernalia used in vio- 
lation of law forfeited to the State. 

Section 33, Act May 1, 1909, page 139. 

Number and size of fish that may be legally taken is fixed 
by law. 

Section 3, Act May 1, 1909, page 118, and table on page 180. 

Eel pots of certain size may be used in manner prescribed 
by law. 

Section 4. Act May 1, 1909, page 119. 

Dip nets of prescribed mesh may be used for the taking of 
carp, eel, cat fish, and suckers, in waters of the Common- 
wealth, not inhabited by trout. 

Section 4, Act May 1, 1909, page 119. 

All fish taken except by means specifically permitted must 

be returned, unharmed, to the water when they are taken. 

Penalty $10 for each game fish so taken and retained, with 

forfeiture of all fish appliances used. 
Section 5, act May 1, 1909, page 



GAME, FISH AND FORESTRY LAWS. 175 

The provisions of the act of May 1, 1909, do not apply to 
waters forming the boundary line between this State, and any 
other State of Nation. #. 

See act April 4, 1907, P. L. 50, regulating fishing in l«ike 
Erie. The Act May 1, 1909, page 142 regulating fishing below 
Trenton Falls, and the Act of May 8, 1909, page 152, regulat- 
ing fishing above Trenton Falls. 

It Is the duty of all peace ofiicers of the Commonwealth, to 
destroy all illegal devices, used in fishing, and to arrest the 
parties operating the same. 

May arrest without warrant where parties are caught in 
the act. 
Arrests may be made on Sunday. 
Section 24, Act May 1, 1909, page 133. 

All actions for violation of the fish law must be brought 
within one year, from the date of the commission of the of- 
fense. 

Section 27, Act May 1, 1909, page 135. 

Bull frogs and terrapin are now protected for a certain time. 
Act April 6, 1903, page 106. 

Under an opinion of the Attorney General, snapping turtle 
is not classed as terrapin; there is therefore no law controlling 
the taking of this turtle and it may therefore be caught at any 
time. 



176 GAME, FISH AND FORESTRY LAWS. 



SUMMARY OF IMPORTANT PROVISIONS OF THE FISH 
LAW GOVERNING THE BOUNDARY WATERS OF THE 
STATE. LAKE ERIE. 



The list of game and food fish in these waters is the same 
as in the State at large, excepting wall eyed pike and blue pike 
and lake trout. 

Section 1, Act of April 4, 1907, page 107. 

Manner of taking game fish, in boundary waters, the same as 
in other waters of the State, viz: With rod, hook and line. 
Penalty, $25 with forfeiture of all nets and appliances ille- 
gally used. 
Section 2, Act of April 4, 1907, page 107. 

There is nothing in the act regulating fishing in Lake Erie 
that prohibits fishing with rod and line or with hand line on 
Sunday. 

> It is illegal to catch, either game or food fish, for the pur- 
pose of making compost or fertilizer. 

Penalty, $100 and imprisonment for three months. 

Section 8, Act of April 4, 1907, page 109. 

Contamination of streams or waters described in this act 
forbidden. 

Penalty, $100. 

Section 5, Act of April 4, 1907, page 109. 

It is illegal to use a net, or seine of any description, witliin 
two miles of the mouth of any stream, or the entrance to 
any bay, named in the first section of this act, or to .:et a 
gill net or nets, within three-quarters of a mile, of any portion 
of the shore of said waters. 

Nets of no description except gill nets and nets fastened to 
poles can be legally used within seventeen miles of the en- 
trance to any bay described in the first section of this act. 

Penalty, $100 and imprisonment for three months. 

Section 9, of the Act of April 4, 1907. Page I'lO. 

License fee required from any p'^rson, or corpc' ation, operat- 
ing a fishery in any of the waters r-^med in this act. 
Penalty, $100. 
Section 15, Act of April 4, 1907, page 113. 



GAME, PISH AND FORESTRY LAWS. 177 



License must be exposed for examination upon demand made 
by proper oflficer. 
Penalty, $5. 
Section 16, Act of April 4, 1907, page 113. 

Act May 8, 1909, relating to fishing in the Delaware River 
above Trenton Falls, 

Classification of fish the same as in State at large. 
Section 3, Act May 8, 1909, page 155. 

Seasons are the same as in State at large. 
Section 10, Act May 8, 1909, page 157. 

The catching of game fish is limited to rod and line or hand 
line with not more than three hooks attached, and the number 
of rods and lines or hand lines is limited to two, rods and 
lines or two hand lines, or one of each, by any person at one 
time. 

Section 4, Act May 8, 1909, page 155. - 

The catchiTig of bait fish is limited to methods specifically 
permitted. 
Penalty, $20. 
Section 5, Act May S, 1909, 156. 

The catching of food fisli is limited to methods specifically 
permitted. 
Penalty, ifiO. 
Section 6-7, Act May 8, 1909, page 156. 

Use of nets prohibited in Delaware River from noon on Sat- 
urday to .'■'ix o'clock on Monday morning following. 
Section 9, Act May 8, 1909, page 157. 

Width or depth of gill net that may be legally used in Lake 
Erie limited to 30 meshes. 
Section 1, Act May 5, 1911, page 162. 

Fishing on Sunday with rod and line or with hand line in 
boundary waters is not forbidden. 

The use of out lines is not permitted in boundary waters. 

The use of fish baskets is not permitted in boundary waters. 

Sunday fishing with nets forbidden in Delaware River. 

Time when fish may be taken through the use of seins and 
nets altered and fixed. 
Amended section 9, Act May 1, 1909, page 146. 
12 



17 8 GAME, FISH AND FORESTRY LAWS. 

Striped bass or rock fish exceeding twenty pounds in weight 
Dot to be taken. 

Length of other fishes that may be legally taken fixed. 
Section 12, Act May 8, 1909, page 158. 

Seines or nets not to be wantonly interfered with. 
Section 13, Act May 8, 1909, page 158. 

It is unlawful for any person to drift a gill net over the 
waters of a shore fishery while the hauling seine is being used. 
Section 14, 1909, Act May 8, 1909, page 159. 

Explosives and poisons not to be used. 

Pollution of waters prohibited. 
Section 15, Act May 8, 1909, page 159. 

States to have concurrent jurisdiction. 
Section 16, Act May 8, 1909, page 159. 

Act May 1, 1909, relating to fishing in the Delaware River 
below Trenton Falls. 

Provisions the same as below Trenton Falls, excepting those 
relating to the use of nets and seines. 

References in this book to court decisions upon the subject 
of game, will also apply to fish, page 192. 



GAAiE, FISH AND FORESTRY LAWS. 179 



CONSTRUCTION OF FISH LAW BY THE DEPARTMENT 

OF FISHERIES. 



You cannot legally spear or gig a fish of any kind except 
carp, suckers, mullets and eels. 

Or use artificial bait with more than three hooks. 

Or bowline with more than three hooks, except in the Dela- 
ware river. 

Or use a cast or throw net. 

Or detached floats or floating trotters or a gill net in in- 
terior waters. 

Or use explosives or poisons or lime for the purpose of kill- 
ing fish. 

Or outlines or set lines or fish baskets in the Delaware river. 

Or obstruct the migration of fish. 

Or use pound nets except in Lake Erie. 

Or shoot fish with a gun, a bow and arrow or by any other 
means. 

Or snare or loop fish. 

Or use a stir net. 

Or a trap net except in Lake Erie. 

Or shingle a stream or use any method whereby migrating 
fish are prevented from following their regular course up 
stream. 

No fish excepting bait fish in Pennsylvania waters can be 
legally taken by any method not specifically permitted. 

Special attention is also called to the fact that under the 
opinion of the Attorney General and the ruling of several 
courts of the State, the taking of fish of all kinds is limited to 
the methods specifically permitted by the law. The use of all 
methods for taking fish not named in the several acts upon 
this subject are therefore forbidden. 

This provision covers the draining of dams or ponds for the 
purpose of catching fish also. 

The catching of fish with ones hands, or in any other man- 
ner, excepting through the use of methods specifically named. 

Special attention of fishermen is called to the trespass law 
found on pages 22 and 24. 

Attention is also called to the provisions regarding fishing 
in streams other than strictly public waters, as found in Sec- 
tion 19 of the Act of May 1st, 1909, page 130. 

This construction was made by W. E. Meehan. 



180 



GAME, PISH AND FORESTRY LAWS. 











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GAME, FISH AND FORESTRY LAWS. 181 



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(182) 



Index to Fish Laws. 



A. 

Page. 

Actions, time limitation, 136,151,160 

Alewile 119 

Alderman 135,150,163 

Anchored, nets not to be, at both ends 146,156 

Apparatus, forfeiture of fishing, 108,113,119,146,147,162 

Appeal, right of, 100.135,151,160,166 

Application of fines and penalties 113 

to maintain a propagating plant, 126 

Appointment of Commissioner of Fisheries , 103 

Fish wardens , 136 

Special Fish Wardens, 138 

Artificial propagation of fish by individuals 126 

Arrest 100,114,134,162,165 

Resisting or interfering with, 134 

on Sunday 134,165 

warrant for, 136, 166 

without warrant 137 

for offenses committed on Delaware River 150,159 

Associations, suggestions on 271 

• B. 

Bail, 135,136,151,160 

Bait , cut or dead 120 

Bait fish 116,144,155 

in Delaware River , 144 , 155 

Basket, flsh 122 

Bass, black, 99,111,118,144,155 

grass, 116,144,155 

green, 116,144,155 

large-mouth 116,144,155 

rock, or red-eye 98,116,144,155 

small-mouth, 116,144,155 

white 116,144,155 

striped, 116,144,155 

yellow, or Oswego, or green, 1] 6, 144, 155 

calioo^ or strawberry 116,144,155 

in DeJaware River, 144, 155 

Blue pike, 116,118,144,155 

Boat forfeited tp Commissioner of Fisheiips 49,111,139,162 

( 183 ) 



184 INDEX. 

Page. 

Boundary waters , 107 

length of fish in 108,110 

Brook trout 116,127,144,155 

Bulletins may be issued by Department of Fisheries, 138 

Bull frogs, 106 

Burr hook, 117,145,155 

C. 

Calico or strawberry bass 107,116,118,148,155,158 

Carniverous fish, planting of, in trout streams prohibited, 129 

Carp, 117,120,147,164,165 

Cast net 97,99,110,111,119,132,145,157 

Cat-fish 119,120,147 

stone; bait fish 120,144,155 

Certificate for the transportation of trout, 126 

for the taking of eels in a certain manner, 122 

for propagating purposes 155 

of fish sold 132 

Charr, or brook trout, 116,118,127,130,144,149,155,157 

Chutes and fishways 124,125 

Classification of fish, 107,116 

Close season defined , 120 

in Delaware River 147,156,157 

Coal oil prohibited, 109,129,149,159 

Commissioner of Fisheries, appointment of, 104 

duties and powers of 104,105,135,130 

Committement to jail, see "penalty." 

Compensation to fish wardens , 137 

Compost , Fish for , 109 

Concealment of fish 137 

Confiscation of fish and appliances, 99,133,139,160,162 

Constables ex-offlcio fish wardens , 101 , 135 

powers and duties of, 101 , 135 

Construction of eel baskets , 122 

Contrivances forbidden in fishing, 145, 146 

Contamination of waters, 109,129,149,159 

Convictions before justice 10», 114,132,160 

summary 114,135,160 

Costs, county to pay in certain cases 100,101,102,114,134,151,161,165 

Court decisions 192 

Crappie, grass, strawberry, or calico bass, 107,116,118,127,130,144,149, 

155 157. 
Cut or dead bait, - 120 

D. 

Dams , 124 

gates or fishways in 124 , 125 

Dead or cut bait , 120 

Decisions pertaining to fish, 192 

Defiling waters prohibited, 109,129,149,159 

Delaware River general act relating to, 97 

above Trenton Falls , 97 , 153 

below Trenton Falls 142 

Department of Fisheries , 1 03 

Destruction of illegal fishing appliances 108 , 133 , 139 , 160 , 162 



INDEX. 185 

Page. 

Dip nets 97,107,119,145,155 

Dipsey lines in Delaware River 1-45, 155,156 

Distances net can be used 110,119,122 

Distribution of fish , liiO 

Domestic fowls, trespassing, may be killed after notice, 129 

Drift net , i 146 

in Delaware River 98 

Duty of Commissioner of Fisheries 104,105,125,130 

Duty of Fish Wardens, 133, 136 

on Delaware River .' 150 , 159 

Duty of justices, 135,150,163 

Dynamite , 109 

E. 

Eels 117,120,122,147,157 

Eelpots, baskets, nets, or racks, 121,156 

in Delaware River 147 , 157 

Eggs 127 

Educational purposes, fish may be kept for, 130 

Electricity, fishing with, 129 

Evidence to be heard by justice, 100,114,134,160,165 

prima facie, violation of fish laws, 109,135 

Explosives or poisons , 109 , 129 , 149 , 159 

for engineering purposes may be used 109,129 

F, 

Fall-fish 116 

Fertilizer, fish for 109 

Fines, 100, 101, 108, 110, 111, 112, ;I13, 115, 123, 125 

disposition of, 135 , 166 

Fish, open season for food, 117,1118,120,121,156,157 

bait, .. 116,144,155 

basket, construction of, 121 

basket, Igeal under certain conditions 122 

illegal in Delaware River, 98 

owner responsible , 122 

license for 122 

Fish, classification of 116,144,155 

free distribution of, provided for 130 

frv 130 

food 117,120,144 

game , 116,144,155 

illegally taken must be returned to water, 99,118,121 

catching for special purposes , 99 , 108 

food and game may be sold during open season and six days 

thereafter, 126 

length of, 108,118,120,128,158 

Fish Commissioners, powers of, 104, 124 

wardens, duties and powers of, 99,162 

disposition of, and appliances used, when seized 99,133,139 

time may be had in possession after close of season, 128,150,159 

corporations may have special police, 102 

Fishing with nets above Trenton Falls, 155, 156 

in State at large, 97,99,107,108,118,132 

for scientific purposes permitted 108, 130 

certain methods prohibited , 108 , 130 



186 INDEX. 

Page, 

Fisheries Department , 103 

Commission 104 

Fishing on Sunday prohibited 117, 1't^ 147,157 

regulated in State 117 , 126. 

regulated in boundary waters 146,157 

FIshways 121,124 

no fishing within four hundred feet, 121 

no fishing within one hundred feet of with rods and lines, .... 121 

Food fish 116 , 120 , 144 , 155 

lincense to take, 113,122,1126,132 

sale of for compost prohibited , 10J> 

in Delaware Uiver , 144 , 155 

Forfeiture of tish ai ' fishing appliances, 97,108,113,119,146,147 

Frogs , open season lor , 106 

Fry, trout, preference to State, 130 

Fkye nets, ^ 119,147,156 

G. 

Game fish general acts of Assembly 107,116, 142, 153 

in Delaware Kiver 142, 153 

open season for, 117,147,1156 

in inland waters , 116 

manner of catching 117,144,145,156 

summary of law , 180 

methods specifically mentioned , 117 , 144 , 156 

laws, not to apply to certain cases, 117 

GaflC 117 

Gas tar prohibited, 109, 129, 149, 15» 

Gig or spear, 117 

Gill nets, 98,111,146,16? 

Green bass 97,116, 142,153 

Guide, employment of, 128 

H. 

Hand line 111,117 

Haul sein , 164 

Hearings 100,163 

Herring 119,165 

Hook and line i 99,111,107,117,144,155 

Hooks '. . .107,117,144,155 

I. 

Ice , fishing through , 117 

Illegal contrivances prohibited, 107,108, 130 

devices to be destroyed or sold, or forfeited, 108,113,119,146,147 

Imprisonment imposed. See Penalties. 

Interfering with officers, 100,151,161 

J. 
Justice of the peace, 135, 153, 163 



INDEX. 187 

Page. 
K. 

Killifishes, 107,116,144,155 



Lake Eiie , or green gass , 116 

Lakes, boundary, protection of fish in 107 

Lauding net , may be us»d , 117 

Law , decisions of courts 192 

Laws relating to fish in the State at large, 116 

in the Delaware River 142, 153 

in Lake Erie and boundary waters 107 

Lawful manner of fishing in Delaware River, 144,146 

Length of fish taken, Delaware River 148,158 

in internal waters 1^8 

in boundary lakes, 1C8 

License to fish for food fish, 113,122,132,164 

License, right of State to impose 112,113,132,164 

for fishing in Lake Erie, 113 

for catching eels , 122 

fees, disposition of, 113, 132 

to be shown on demand, 113 

Lime, use of in fishing, prohibited 129,149,159 

Limitation of time in prosecution 136 , 151 , 160 



M. 

Magistrate, duties of 100,114,134,151,160 

Measurement of fish, 108,118,148,158 

Meshes, size of In seines or nets 111,119,164 

Metallic tag or fyke nets, 119 

Methods of fishing permitted, 117,144,146,155 

Minnows, bait fish 107,108,116,144,155 

Migration of fish, obstructing, 121,124,125 

Misdemeanor 98 

Mullets 120,164,165 

Muscallonge, 107,116,118 



Names on nets 119 

Nets, 97,111,132,148,156 

forbidden in Delaware River 97 , 147 , 156 

Nets on Sunday, 98 

Nitro-glycerine, use of prohibited, 109, 129, 159 

Notice, trespass, 128,131 

Number of trout in one day, 118 

bass in one day, Lake Erie, Ill 

Nursery streams , 131 



188 INDEX. 

Page. 
O. 

Obstructing flsh way, 121,124,125 

migiation of tish 121,124,125 

Office of the Fiah Commission, 105 ,104 

Commissioner of Fisheries , 104 

Officers refusing or neglecting to do duty 134 

interfering with, 134 

* resisting or refusing to assist, 134 

Open season for flsh 118,120,121,147,157,165 

Organization, suggestions for 192 

Outlines, ' 120 

Ownership and control of flsh, 131 



P. 



Paraphernalia 1 14 , 146 , 147 , 156 

Penalties for violation of flsh laws, 98,101,108,109,110,111,112,113,118, 
119, 120, 123, 127, 129, 132, 133, 139, 147, 149, 15U. 

Perch, 116,144,155 

Pickerel, 116,144,155 

Pike, blue 116,118,144,155 

grass 116,144,155 

perch, 116,144,155 

wall-eyed, or Susquehanna salmon, 116,144,155 

western, 116,144,155 

Planting flsh 130 

Poison, flshing with, forbidden, 129 

I'oison and acids from tanyards, to be kept out of streams, .... 109 

Poisonous substances in streams prohibited, 109,129,149,159 

Police, special, 102,103 

powers and duties of, 102, 103 

Pollution of waters prohibited, 101,129,149,159 

Possession of flsh, prima facie evidence, 109,128,135 

I'onnd net HI 

Powers of Commissioner of Fisheries, 104,105,125,130 

of flsh wardens, 99,162 

Preference of State In distributing fry 130 

Prima facie evidence, 109,128,135 

Private streams 126,132 

Proceedings on arrest made, 100,114,134,162,165 

Property seized, disposition of flsh 97,108,113,119,146,147 

Propagating streams may be set aside and closed, 102,131,133 

Propagation of flsh, artificial, by Individuals 102,126 

Public flshing, waters open to, 131 

Purchase or sale of certain flsh prohibited, 127 

I 
Q. 

Quick lime, use of in flshing prohibited, 129,149,159 



INDEX. 189 

R. 

Recognizanco, 135,130,151,160 

Record costs, liability for 100,101,102,114,134,151,161 

Refuse from gas houses, etc., not to enter streams, 129,149,159 

Removal of Jisli from licensed device by (bird person, prohibited, 132 

Report of Commissioner of Fisheries, 138 

Resisting arrest, 134 

Rocl£ bass 98,116,144,156 

fish, or striped bass 116,144,155 

open season for, 118,120,121,147,157 

Rod and line, 99,117,145,155 



Sale of seized applir.nces l.'ID 

Sale of certain tjsh prohibited, 127, 1 DO 

of certain f^sh permitted, 128,138,150 

Susquehanna of wall eyed pilie, 116,144,155 

Saturday-night, fishing with seines unlawful 98,119,147,157 

Sawdust in streams prohibited : 109, 129, 149, 159 

Scientific purpose, 108,130 

Screens to prevent destruction of fish, 125 

Search for fish, by officer without warrant, 137 

Search warrant 136 

Seasons for game fish, 118,120,121,147,157 

closed and open 119,120,121,146,156 

Second offense 98 

Seines '. ,120 , 146 

in Delaware River not to be brolien, 158,159 

Seizure, right of 114,138,139,162 

Sentence by justice, 100,114,134,150,160 

Shad, 97,119,165 

Size and number of fish legally taken, 118 

in Delaware River, 148,158 

Snoods, 120 

Spawn 112 

Spear or gig, 117 

Specified trout, open season for • 118 

wild , not to be bought or sold / 127 

not to be caught for wages or hire, 128 

size and numljer to be tairen, 118 

propagated in captivity, may be sold In certain cases, 128 

Spoon liook '. 112,145,155 

Statistics of fish shall be furnished, 138 

Stoclvod waters to be free, 130,131 

Stocliing of waters with fish 130 

Streams for propagation may be set aside and closed, 131 

on State lands, preference for in distributing fry 130 

States of Pennsylvania and New Jersey to have concurrent Jurisdic- 
tion over Delaware River, 142,153 

Striped bass or rock fish ,^ 116,144,155 

Sturgeon 110,120,145,156 

open season for, 156,104,105 

Suckers 117,120 

Suits, costs of. where chargeable, 100,101,102,114,134,151,161 

Summary convictions 135,150, 163 



190 INDEX. 

Page. 

Summary of fish laws, 167 

Sunday, no fishing on, 117,147 

arrest may be made on 117,165 

Sunday fishing in Delaware River, 147 

Susquehanna salmon 116,144,155 



Table of eize season, etc. , of game fish 180 

Tag to tjke nets and outlines, 119,121 

Terrapin , 106 

Terms of Fish Commissioners, 104 

Threatening officers , 134 

Three hooks, 107,117,145,155 

Time limit of actions 136,151,160 

fish may be held after close of season 128, 150, 159 

Tip-ups, 117 

Torpedo, use of prohibited, In fishing, 109,129,149, 159 

Transportation of fish permitted 126 

Trenton Falls, fishing above, 153 

fishing below , "... 142 

Trespassing ou water* operated by Fish Commission, 128 

Trial 135,150,163 

Trolling line, 112,145,155 

Trout , brook or speckled , 118 

fry, preference, •. 130 

streams, 121,122 

how defined 136 

lake, 118 

Turtle snapping • 175 

U. 

Unlawful to procure fish fry for private purposes, 131 

Unlawful taking of fish 112,132 



Vats, contents of 1109,129,149,159 

Vitriol 129,149,159 

W, 

Wall-eyed pike or Susquehanna salmon 9S, 116, 144, 145 

Walls, wing, 98,119 

Wardens, fish, duties and powers of 136,137 

compensation of, 137 

special , 138 

Warrants of arrest and search, 114,135 

for trespass , 128 

Waters for public fishing 131 

in which fishing may be prohibited, 133 

on State laud, nreference of in distributing fry 130 

boundarv 107,142,153 



INDEX. 191 

Page. 

Water wheels must be screened for protection of fish, 125 

Wild birds may be killed 129 

Wing walls, legal 119 

illegal 12? 

T. 

Yellow bass, 107,116,144,155 

Yellow perch 116,144,155 



192 INDEX. 



LEADING DECISIONS PERTAINING TO GAME 
AND FISH. 



OWNERSHIP AND CONTROL. 

1. In the classification of property, there are some things, 
which from their nature are incapable of absolute ownership, 
and among these are light and air, and game and fish. 

2. Bouvier 781. 

2. It is probable that the right to take game and fish was a 
natural right, wholly unrestrained originally by law. 

As the population of the earth increased, it apparently be- 
came necessary for the purpose of insuring the perpetuity of 
these things, to abridge or restrict by law this natural right. 
At what period or by what process this change was brought 
about does not seem perfectly clear, although the fact remains 
that this change was wrought, and that in all civilized nations 
of the world to-day the taking of game and fish is considered 
a boon or privilege and not an inherent right. In America 
game and fish are considered to belong to the State, not as a 
proprietor, but in its sovereign capacity, as the representative 
and for the benefit of all the people. 

Ex parte Maier, 37 Pac. 402 • 

Phelps V. Racey, 60 N. Y. 10. 

3. The right to hunt game is but a privilege given by the 
legislature, and is not an inherent right In the residents of 
the State. 

Comth. V. Papsone, 44 P. Superior Ct. 129. 

4. "Wild game of a Stat > belongs to the people, in their col 
lective sovereign capacity, and is not the subject of private 
ownership, except in so far as the people may elect to make 
it so, and they may if they see fit, absolutely prohibit the 
killing of it, or traffic or commence in it. That its taking, pos- 
session and the disposition thereof is the subject of legisla- 
tive enactment." 

Geer v. Connecticut, 161 U. S. 519. 

Martin v. Waddell, 16, Pet. 410. 

Ex parte Maier, 103 Cal. 476; 37 Pac. 402. 



GAME, FISH AND FORESTRY LAWS. 19S 

5. "Game in preserves and fish in private waters are still 
under the control of the Legislature." 

People V. Doxtater, 75 Hun. 472. 

6. "Wild game caught or killed contrary to law, remains the 
property of the State.'" 

Thomas v. N. P. Express Co., 73 Minn. 185. 

7. "The right of a state is maintained, to adopt any reasona- 
ble regulation, not only as to the time and manner of taking 
game, but also imposing limitations, upon the right of prop- 
erty in such game after it has been taken, because he who 
takes or kills game, has no absolute property in such game 
and takes it subject to all the provisions of the law authoriz- 
ing its taking." 

Geer v. Connecticut, 161 U. S. 519, and many citations. 
Ward V. Race Horse, 163 U. S. 504. 

8. "And the fact that game has been killed does not change 
the relation of the law making power to it, but it is still sub- 
ject to control. 

Merritt v. People, 169 111. 218. 

9. "The measures best adapted to the preservation and pro- 
tection of game are for the Legislature to determine, and 
courts cannot review its discretion." 

Phelps V. Racey, 60 N. Y. 10. 

POLICE POWER. 

10. "The right to preserve game flows from the undoubted 
existence of a police power to that end, which may be none 
the less efficiently called into play, because by so doing, inter- 
Btate commerce may be remotely or indirectly affected." 

Geer v. Connecticut, 161 U. S. 519. 
Hall V. DeCuir, 95 U. S. 485. 
Sherlock v. Ailing, 93 U. S. 99-103. 

People V. Silz, Supreme Court Reporter Dec. 1908 10; 219 
U. S. 31. 

11. "Laws and ordinances relating to the comfort, health, 
convenience, good order and general welfare of the inhabi- 
tants are comprehensively styled 'police laws and regulations.' 
It is well settled that laws and regulations of this character, 
though they may disturb the enjoyment of individual rights 
are not unconstitutional, although no provision is made for 
compensation for such disturbance. They do not appropriate 

13 



194 GAME, FISH AND FORESTRY LAWS. 

prlTate property for public use, but simply regulate its use and 
enjoyment by the owner, etc," 

Dillon on Municipal Corporations, Sec. 141. 

12. As stated in Barvier v. Connoly, 118 U. S. 27. "Neither 
the amendment (XIV) broad and comprehensive as it is, — nor 
any other amendment was designed to interfere with the 
power of the State, sometimes termed its police power, to 
prescribe regulations to promote the health, peace, morals 
education or good order of the people," we are within the 
province of the Constitution when we regulate the manufac- 
ture and sale of food stuffs, Com. v. McCann, 14 Pa. Superior 
Ct. 221; The number of hours the adult female should labor. 
Com. v. Beatty, 15 Pa. Superior Ct. 5; and in prohibiting 
women and children from working in coal mines, Act May 
15th, 1893, P. L. 76; in prescribing the qualifications of physi- 
cians and undertakers, Com. v. Hanley 15 Pa. Superior Ct. 
271; when musical bands may play in the public streets, 
Wilkes-Barre v, Garabed, 11 Pa. Superior Ct. 355; when we 
authorize the killing of dogs following the track of protected 
game. Com. v. Frederick, 27 Pa, Superior Ct. 228, and in 
denying the right to aliens to obtain license to sell intoxicat- 
ing liquors, Trangresser v. Gray, 73 Md. 250; 9, L. R. A. 780. 

Com. V. Papsone 44 Pa. Superior Ct. 129; sustained by 
Supreme Court. 

13. "Indeed the police power as to game birds, flows from 
the duty of the State to preserve for its people a valuable 
food supply." 

Phelps V. Racey, 60 N. Y. 10. 
Ex parte Maier, 103 Cal. 467; 37 Pac. 402. 
Magner v. People, 97 111. 320, 
McCready v. Virginia, 94 U. S. 395. 
Smith V. Maryland, 18 How 71. 

14. "The power of a State to protect by adequate police reg- 
ulation, the people against the adulteration of articles of food, 
although in so doing commerce may be remotely affected, 
necessarily carries with it, the existence of a like power to 
preserve a food supply, which belongs in common to all the 
people of the State, which can only become the subject of 
ownership in a qualified way and which can never be the sub- 
ject of commerce, except with the consent of the State, and 
subject to the conditions, which it may deem best to impose 
for the public good." 

Lawton v. Steele, 152 U. S. 133. 
People V, West, 106 N. Y. 293. 
People V. O'Neill, 110 Mich, 324. 
L'Hote V. New Orleans, 177 U. S. 597. 



GAME, FISH AND FORESTRY LAWS. 19& 

Comth. V. Thos. W. McComb, 39 Pa. Superior Ct. 411, 227 

Pa. Supreme Ct. 377. 
Comth. V. Papsome, 44 Pa. Superior Ct. 129. Sustained 

by Supreme Ct. 

15. "Aside from the authority of the State derived from the 
common ownership of game, and the trust for the benefit of 
its people, which the State exercises in relation thereto, there 
is another view of the power of the State in regard to the 
property in game, which is equally conducive. The right to 
preserve game flows from the undisputed existence in the 
State of a police power to that end, which may be none the 
less efficiently called into play because by so doing inter-state 
commerce may be remotely and indirectly affected." 

Kidd v. Pearson, 128 U. S. 1. 

Hall V. De Cuir, 95 U. S. 485. 

Sherlock v. Ailing, 93 U. S., page 99 and 103. 

Gibbons v. Ogden, 9 Wheaton 1. 

16. Indeed the source of the police power as to game birds 
(like those covered by the statute here called in question) 
flows from the duty of the State to preserve for its people a 
valuable food supply. 

Phelps V. Racey, 60 N. Y. 10. 

Ex parte Maier, ubi sup. 

Wagner v. The People, ubi sup, and the cases there cited. 

17. The exercise by the State of such power, therefore, 
comes directly within the principle of Plumley v. Massa- 
chusetts, 155 U. S. 461 and 473. 

18. The power of the State to protect by adequate police reg- 
ulation its people against the adulteration of articles of food 
(which in this was maintained) although in so doing com- 
merce might be remotely affected, necessarily carries v.ith it 
the exercise of a like power to preserve a food supply, which 
belongs in common to all people of the State, which can only 
become the subject of ownership in a qualified way, and 
which can never be the object of commerce, except with the 
consent of the State, and subject to the conditions which it 
may deem best to impose for the public good." 

The people of New York v. August Sliz, Supreme Court Re- 
porter for Dec. 1908, p. 10, 219 U. S. 31. 
Comth. V. Thos. W. McComb, No. 39 Pa. Superior Ct. 411— 
227. Pa. Supreme Ct. 377. 

19. "In order to protect local game during the close season 
it has been found expedient to make possession, of all such 



196 GAME, FISH AND FORESTRY LAWS. 

game, during that time, whether taken within, or without the 
State, a misdemeanor. In other states of the Union such laws 
have been deemed essential, and have been sustained by the 
courts." 

Roth V. State, 51 Ohio 209. 

Am. St. Rep. 566, 87 N. E. 259. 

Stevens v. State, 89 Md. 669. 

43 Atl. 929. 

Magner v. People, 97 111. 320. 

20. "It has been provided that the possession of certain 
kinds of game during the close season shall be prohibited, 
owing to the possibility that dealers in game may sell birds of 
the domestic kind, under the claim, that they were taken In 
another state or country. The object of such laws is not to 
affect the legality of the taking of game in other states, but 
to protect the local game, in the interest of the food supply of 
the people of the State. We cannot say that such purpose, fre- 
quently recognized and acted upon, is an abuse of the police 
power of the State and as such, to be declared void because 
contrary to the Fourteenth Amendment to the Constitution." 

"That a state may not pass laws directly regulating foreign 
or inter-state commerce has frequently been held in the de- 
cision of this court; but, while this is true, it has also been 
held in repeated instances, that laws passed by the states in 
the exertion of their police power, not in conflict with the 
laws of Congress upon the same subject, and indirectly or re- 
motely affecting inter-state commerce are nevertheless valid 
law. 

Mo. -K. & T. R. Co. V. Haber, 191 U. S. 477. 

Ashell V. Kansas, 209 U. S. 251. 
"And it may be said generally that the legislation of a state 
not directly against commerce or any of its regulations, but 
relating to the rights, duties and liabilities of citizens, and 
only indirectly and remotely affecting the operations of com- 
merce is of obligatory force upon citizens within its territorial 
jurisdiction, whether on land or water, or engaged in conoP 
merce, foreign or inter-state or in any other pursuit." 

Reported in case of People v. Silz, Supreme Court Repor- 
ter, December 1908, page 12, 219 U. S. 31. 

21. "The extent and limitation of what is known as the 
police power, has been a fruitful subject of discussion in the 
appellate courts of nearly every state of the Union. It is uni- 
versally conceded to include everything essential to the public 
safety, health and morals and to justify the destruction or 
abatement by summary proceedings of whatever may be re- 



GAME, FISH AND FORESTRY LAWS. 197 

garded as a public nuisance, and wherever the public interest 
demands it a large discretion is necessarily vested in the legis- 
lature to determine not only what the interests and the pub- 
lic require, but what measures are necessary for the protec- 
tion of such interests." 

Barbire v. Connelly, 113 U. S. 27. 

Comth. V. McComb, No. 148 Oct. T. 1908, 38 Pa. Superior 
Ct. 411, 227 Pa. Supreme Ct. 377. 

Comth. V, Papsone, 44 Superior Ct. 129. Sustained by 
Supreme Ct. 

22. "The test as to whether the police power is validly ex- 
ercised, is, whether the enactment has relation to the public 
welfare, as it has been deemed of sufficient importance to 
justify the Legislature of practically all the states to enact 
laws for the protection and preservation of game, and we have 
seen no case which challenges this as a legislative right, 
clearly within the exercise of the police power." 

23. "The duty of preserving the fish and game of a state 
from extinction or prohibiting exhaustive methods of taking 
it, or the use of destructive instruments as are likely to result 
is the extermination of the young as well as the mature, is as 
clear as its power to secure to its citizens, as far as possible, 
a supply of other v/holesome food." 

Lawton v. Steele, 152 U. S. 133. 

Comth. V. McComb, No. 148 39 Pa. Superior Ct. 411. 227 
Pa. Supreme Ct. 377. 

24. Laws enacted for the purpose of regulating the time and 
appliances for catching fish, are a proper exercise of the police 
power of a state; and, although they may, under certain cir- 
cumstances, prevent a man fiom fishing in a stream running 
through his own land, they do not necessarily amount to tak- 
ing private property for public use without compensation. 

Comth. V. Bender, 7 Pa. C. C. 620. 

Comth. V. McComb, 39 Pa. Superior Ct. 411. 227 Pa. Su- 
preme Ct. 377. 

25. "The weight of authority seems to favor the validity of 
laws prohibiting the possession of game during the closed 
season." 

Ex parte Maier, 103 Cal. 476. 
Merritt v. People, 169 111. 218. 
State V. Farrell, 23 Mo. App. 176. 
Phelps V. Racey, 60 N. Y. 10. 
Roth V. State, 51 Ohio, 209. 
Jarvis v. U. S., 11 App. D. C. 345. 

26. "The effect of these decisions is, that such possession is 
unlawful even though applied to game lawfully captured with- 



198 GAME, FISH AND FORESTRY LAWS. 

in the State during the open season, and to game lawfully cap- 
tured outside of the State and lawfully brought within the 
State (provided the law of the State prohibits the possession 
of such game) on the theory that such laws are necessary for 
the protection of game, or as suggested by the late Chief 
Justice Coleridge, that the object is to prevent British wild 
fowl from being improperly killed and sold, under pretense of 
being imported from abroad." 

Whitehead v. Smithers, 2 C. P. D. 553. 

People V. Silz, Supreme Court Reporter Dec, 1908, p. 12, 
209 U. S. 31. 

DUE PROCESS OF LAW. 

27. "No person shall be deprived of his life, liberty or prop- 
erty without due process of law." 

Constitution of the United States, 5th and 14th amend- 
ments. 

28. "This clause of the Constitution only applies to such 
rights as are in their nature fundamental, which belong of 
right to citizens of all free governments." 

Carfield v. Caryell, 4 Wash. D. C, 380. 
Scott V. Sanford, 60 U. S. 393. 

29. "It is true that under the fourteenth amendment, no 
State can deprive a person of life, liberty or property, without 
due process of law. But in determining what is due process of 
law, we are bound to consider the nature of the property, the 
necessity for the sacrifice and the extent to which is has here- 
tofore been regarded as within police power. So far as 
property is inoffensive or harmless, it can only be destroyed 
by legal proceedings with due notice to the owner; but so far 
as it is dangerous to the safety or health of the community, 
due process of law may authorize its summary destruction." 

Sentell v. R. R., 106 U. S. 698. 
Lawton v. Steele, 152 U. S. 133. 
Smith V. Maryland, 59 U. S. 71. 
Fertilizing Co. v. Hyde Park, 97 U. S. 659. 
Comth. V. McComb, 39 Pa. Superior Ct. 411. 227 Pa. Su- 
perior Ct. 377. 
Comth. V. Papsone, 44 Pa. Superior Ct. 129. 

30. "The emergency may be such as not to admit of the de- 
lay essential to judicial inquiry and consideration, or the sub- 
ject of such action and process may be of such a nature, or the 
conditions and circumstances in which the act must be per- 
formed to effect the protection and give effect to the law, may 
be such as to render judicial consideration impracticable." 

Jenkins v. Ballentine, 8 Utah 245; 30 Pac. 760. 



GAME, FISH AND FORESTRY LAWS. 199 

31. "In a case involving the validity of a statute of the 
State of New York, authorizing the summary destruction of 
nets, used in illegal fishing, it was held, 'that the police 
power is universally concealed to include everything essen- 
tial to the public safety, health, and morals, and to justify the 
destruction or abatement by summary proceedings of what- 
ever may be regarded as a public nuisance.' " 

Smith V. Maryland, 18 How 71. 

McCready v. Virginia, 4 Otto. 391. 

Lawton v. Steele, 152 U. S. 133. 

People V. West, 106 N. Y. 293. 

People V. O'Neill, 110 Mich. 324. 

L'Hote V. New Orleans, 177 U. S. 597. 

Holyoke Water Co. v. Lyman, 15 Wall 500. 
The courts of Pennsylvania have ruled in the same way 
upon the subject. 

Comth. V. Thos. W. McComb, 39 Pa. Superior Ct. 411. 
227 Pa. Superior Ct. 377. 

Comth. V. Joseph Papsone, 44 Pa. Superior Ct. 129. 

CONSTITUTIONALITY. 

82. "It is but a decent respect due to the wisdom, integrity 
and patriotism of the legislative body, by which any law i3 
passed, to presume in favor of its validity, until its violation 
of the Constitution is proven beyond all reasonable doubt. A 
reasonable doubt must be solved in favor of the legislative 
action and the act be sustained." 

"The preservation of game and fish has always been treated 
as within the proper domain of the police power and laws, 
limiting the season when birds and wild animals may be 
killed, and had for sale, and prescribing the manner in which 
they may be taken, have been repeatedly upheld by the courts. 
The duty of preserving the fish and game of a State from ex- 
tinction, by prohibiting exhaustive methods of taking it, or 
the use of destructive instruments as are likely to result in 
the extermination of the young as well as the mature, is aa 
clear as its power to secure to its citizens, as far as possible a 
supply of any other wholesome food." 

"It is within the province of the Legislature to prescribe 
the methods or instruments that may be used in taking game 
or fish and it is not unconstitutional for the Legislature of a 
state to forbid the use of a specially made gun such as the 
automatic * * * * jv^or are the courts concerned 
about a technical though trifling interference with the pleas- 
ure of a hunter, or the property interest of a gun maker iAi 



200 GAME, FISH AND FORESTRY LAWS. 

deciding a question of public interest and welfare, * * * • 
Where the interest of the private manufacturer and the public 
will come in conflict from the legislative standpoint, the 
people at large are to have preference." 

"The act of June 10, 1881, forbids the sale to any person 
under the age of sixteen years, of a pistol, revolver, etc. The 
act of March 31st, 1860, provides for the confiscation of gamb- 
ling apparatus. Even the length of time a female laborer 
shall be subjected to the exhaustion of physical labor is within 
legislative control * * * * ^he object of this act is not 
to favor the makers of one sort of a gun at the expense of 
those of other kinds, but its sole object is to protect game, 
and the methods adopted for its destruction, whether guns, 
traps, or devices are proper subjects for legislative considera- 
tion." 

Comth. V. Thos. W. McComb, 39. Pa. Superior Ct. 411. 
227 Pa. Supreme Ct. 377. 

LEGAL STATUS OF DOGS. 

33. "Dogs have been considered under the law as belong- 
ing to a class, as it were between animals ferae natura, in 
which until killed or subdued, there is no property, and do- 
mestic animals, in which the right of property is perfect. 
They are not considered as being upon the same plane as 
horses, cattle and sheep, and other domestic animals, but 
rather in the catagoiy of cats, monkeys, parrots and similar 
animals kept for pleasure, etc. Acting then upon the princi- 
ple that there is but a qualified property in them and that 
while private interests require that the valuable one shall be 
protected, public interests demand that the worthless shall be 
exterminated and they have from time immemorial been con- 
ssldered as holding their lives at the \yill of the Legislature, 
and properly falling within the police power of the several 
states. Laws for the protection of domestic animals are re- 
garded as having but a limited application to dogs or cats." 

Santell v. R. R., 16 U. S. 698. 

34. "The court held that even if they were to be regarded as 
property in the fullest sense of the word, they would still be 
aubject to the police power and might be destroyed or other- 
wise dealt with, as in the judgment of the Legislature ap- 
peared necessary for the protection of its citizens ;that it was 
purely within the discretion of the Legislature to say how far 
dogs shall be recognized as property and under what restric- 
tions they shall be permitted to roam the streets." 



GAME, FISH AND FORESTRY LAWS. 201 

35. The Legislature may authorize the killing of dogs fol- 
lowing upon the track of protected game. 

Comth. V. Frederick, 27 Pa. Superior Ct. 228. 

COMMERCE IN GAME. 

36. "It was also held that a State might absolutely prohibit 
the manufacture within its limits of liquors and could pro- 
iiDit the sale therein of liquors so manufactured." 

Mugler V. Kansas, 123 U. S. 623. 
Kidd V. Pearson, 128 U. S. 1. 

37. "But that liquor being a well recognized article of com- 
merce and property, in the ordinary sense, its importation 
from another State and its sale, in the original packages 
could not be prohibited." 

Bowman v. R. R., 125 U. S. 465. 
Leisey v. Hardin, 135 U. S. 100. 

38. "A State can forbid any traffic or commerce in game." 
Geer v. Connecticut, 161 U. S. 519. 

Ex parte Maier, 103 Cal. 476. 

People V. Silz, Supreme Court Reporter, Dec. 1908, p. 12, 

219 U S 31 
State v.* Weber, 102 S. W. 955. 
Dietreich v. Fargo, 104 N. Y. S. 334. 

STATUS OF IMPORTED GAME. 

People V. Weinstock, 102 N. Y. S. 349. 
People V. Stillman, 102 N. Y. S. 351. 
People V. Waldorf-Astoria, 103 N. Y. S. 434. 
Silz V. Hasterburg, 219 U. S. 31. 

STATUS OF WILD BIRDS OTHER THAN GAME BIRDS. 

39. In 1907, N. I. Schwartz, of New Orleans, was fined for 
offering 75 aigretts for sale contrary to the statue of Louis- 
iana forbidding the possession or sale of imported as well as 
native birds. 

State V. Schwartz, 44 La. 20. 

40. In 1907 an employee of Gimble Bros., Philadelphia, was 
convicted before an alderman of that city for attempting to 
sell and having in possession, certain red birds or cardinals, 
that had according to the evidence been brought into the 



202 GAME, FISH AND FORESTRY LAWS. 

State from other states. On appeal to the Court of Quarter 

Sessions this conviction was sustained and defendant was 
fined. 

RIGHT OF A STATE TO IMPOSE A LICENSE FOR HUNT- 
ING. 

41. "A State may lawfully impose a license for the privilege 
of hunting upon citizens of other States, which is not Imposed 
on its own citizens." 

In re Eberle, 98 Fed. 295. 

42. "A State can prohibit the use of oyster beds in the 
waters of the State by citizens of other States. That as fish 
are common property of all the people of the State, a citizen 
of another State is not invested by the Constitution with any 
right therein." 

McCready v. Virginia, 94 U. S. 391. 
Haney v. Compton, 36 N. J. L. 507. 
State V. Corson, 50 Atl. 780. 

43. ''On the 24th day of October, 1904, the Supreme Court 
of Illinois rendered a decision in the case of Cumraings v. 
People, upholding the constitutionality of the license law, and 
quoting with approval the decision of the Supreme Court of 
New Jersey in the case of Allen v. Wyckoff and the United 
States Circuit Court of the Northern District of Illinois in the 
case of in re Eberle." 

Allen v. Wykoff, 48 N. J. L. R. 90; 2 Atl. 659. 

44. "In the case of Commonwealth v. Cannon, in the court 
of common pleas of Cumberland county. No. 115 Feb. T. 1905, 
certiorari, in overruling the objections filed the learned court 
said: 'It has been however repeatedly held that statutes which 
are directed against non-residents, but not against citizens of 
other States, are constitutional and valid.' " 

Rothermel v. Meyerle, 136 Pa. 251. 
State V. Medbury, 3 R. I. 138. 
XUhambers v. Church, 14 R. I. 398. 
•Sears v. Warren Co., 36 Ind. 267. 
People V. Lawndes, 130 N. Y. 455. 

ALIENS. 

45. "It is a legal and political axiom that protection and 
ullegiance are reciprocal. Aliens resident or sojourning herft. 



GAME, FISH AND FORESTRY LAWS. 203 

do not owe the full measure of allegiance exacted from the 
citizens, nor can they enjoy all the rights, privileges and im- 
munities of citizenship." 

Luke V. Calhoun Co., 52 Ala. 115, 121. 

Cyc. of Law and Procedure, Vol. 2, page 88, Note 23. 
The Court in the case of Com. v. Joseph Papsone, among 
other things says: 

46. "Nor does the provision of the fourteenth amendment 
which declaies, 'No State shall make or enforce any law 
which shall abridge the privileges or immunities of citizens 
of the United States,' affect this defendant in any way, as he 
is not a citizen. 

An alien while domiciled with us, is entitled to the protee- 
tion of the laws and owes in return for this protection a tem- 
porary and local allegience which continues during the per- 
iod of his residence.; 2 Am. & Eng. Enc. of Law 64. We leg- 
islate prima I'ily for our own citizens in granting the special 
privileges that are independent of our inherent rights. The 
alien is prohibited from doing many things to which a native 
born or a naturalized citizen is entitled. He cannot exercise 
any political rights whatever, nor be compelled to fill any elec- 
tive or appointive office. He is not qualified to serve as a 
juror; or to receive a license to sell liquor, hawk or peddle. A 
non-resident is not entitled to the benefit of our $300.00 ex- 
emption law. Each State has its own exemption laws for the 
benefit of its own citizens. 

The privilege to hunt game has been limited to our own 
citizens, and as was said in Presser v. Illinois, 116 U. S. 252; 
'If the plaintiff in error has any such privilege he must be 
able to point to the provision of the constitution or statute 
of the United States by v.hich it is conferred. For as was said 
by this Court in U. S. v. Cruikshank, 92 U. S. 542, the govern- 
ment of the United States, although it is within the scope of 
its powers, supreme and beyond the States, can neither grant 
not secure to its citizens rights or privileges which are not 
expressly or by implication placed under its jurisdiction. All 
that cannot be so granted or so secured are left to the exclu- 
sive protection of the State." 

"Whatever one may claim as a right, under the Constitu- 
tion and laws of the United States by virtue of his citizen- 
ship, is a privilege of a citizen of the United States. What- 
ever the Constitution and laws of the United States entitles 
him to exemption from, he may claim as an exemption in 
respect to, and such a right or privilege is abridged whenever 
the State law interferes with any legitimate operation of 



204 GAME, FISH AND FORESTRY LAWS. 

Federal authority which concers his interests, v/hether it be 
an authority actively exerted, or resting only in the express 
or implied command or assurance of the Federal Constitu- 
tion or law. But the United States can neither grant nor 
secure to its citizens, rights or privileges, which are not ex- 
pressly, or by reasonable implication, placed under its juris- 
diciion, and all not so placed are left to the exclusive protec- 
tion of the States." 

This defendant is not a citizen of the United States, nor of 
this Commonwealth. While he is within our jurisdiction he 
is entitled to the equal protection of the laws, subject to the 
limitations of the class of which he is a member. 

Com. V. Joseph Papsone, 44 Pa. Superior Ct. 129. Pa Su- 
preme Ct. 

This case has been appealed to the Supreme Court of the 
United States. 

47. "Citizens of other States have no property right which 
entitles them to fish against the will of the State, afortiori, 
the alien from whatever country he may come, has none what- 
ever in the waters, or the fisheries of the State. Like other 
privileges he enjoys as an alien, by permission of the State, 
he can only enjoy as much as the State vouchsafes to yield 
to him as a special privilege. To him it is not a property 
right, but it is in the strictest sense a privilege or favor." 

Rothermel v. M eyerie, 136 Pa. 251. 
State V. Meddery, 3 R. L 138. 
Chambers v. Church, 14 R. I. 398. 
Sears v. Warren Co., 36 Ind. 267. 
In re Ah Chong, 2 Fed. Rep., 736. 

RIGHTS OF THE PEOPLE. 

48. "When the interest of the private manufacturer and the 
public Aveal, come in conflict, from the legislative standpoint, 
the public at large, are to have the preference. 

Halter v. State, 7 L. R. A., N. S. 1079. 

Comth. v. Kenny, 32 Penna. Superior Ct. 544. 

Comth. V. Bercaw, 30 Penna. Superior Ct. 335. 

N. Y. etc., R. R. v. New York, 165 U. S. 633. 
• * * * So that, a specially designed gun, which is 
made particularly effective and proportionately dangerous to 
game, comes within the class of dangerous agencies either 
to be regulated or prohibited as the Legislature may decide. 



GAME, FISH AND FORESTRY LAWS. 205 

The judgment of the Court below is reversed, and the record 
is remitted to the end that the sentence imposed may be fully 
carried into effect." 

Commonwealth v. McComb, 39 Pa. Superior Ct. 411. 

Judge Orlady in his opinion handed down in tlie automatic 
gun case, after citing numerous methods that might not be 
legally used in the taking of game says: 

49. "The swivel gun referred to in the Act of 1897, is de- 
scribed as a small cannon, revolving on a swivel, so that it 
may maim or kill a number of game at a single discharge, 
but it is always under the direction and control of the opera- 
tor. The automatic gun mentioned in this act is described as 
'one that is fired from the shoulder, and the recoil developed 
by the exploded cartridge ejects the shell, cocks the hammer, 
and feeds in a fresh cartridge from a magazine into the chaai- 
ber of the gun,' so that all that is required to discharge it is 
to pull the trigger. It is not necessary to justify the wisdom 
of the Legislative enactment; the whole question has so fre- 
quently been the subject of discussion in the Legislature and 
Courts, that we must accept it as a result of their delibera- 
tions, that the automatic gun is not a proper weapon for the 
killing of game, within this Commonwealth. Nor are the 
Courts concerned about a technical though trifling interfer- 
ence with the pleasure of a hunter, or the property interest 
of a gun maker. Indeed, the source of the police power, as 
to game flows from the duty of the State to preserve for its 
people a valuable food supply. * * * The exercise of 
this power therefor, comes directly within the principal of 
Plumley v. Mass. 155 U. S. 461, and Silz v. Hostenburg, 219 
U. S. 31." 

JURISDICTION. 

50. "The Courts of Quarter Sessions shall also have jurisdic- 
tion in cases of fines, penalties or punishments imposed by any 
act of Assembly for offenses, misdemeanors and delinqueniues, 
except when it shall be otherwise expressly provided and en- 
acted." 

The Criminal Procedure Act, March 31st, 1860, P. L. 427, 
Sec. 32. 

51. A Justice of the Peace has the right of Su?rminry Con- 
viction only when that right is distinctly and spetillcally 
given by the act under which suit is broiiglit. 

Commth. v. LaBar, 32 Sup. Ct. p. 228. 



206 GAME, PISH AND FORESTRY LxiWS. 

52. Where concurrent jurisdiction exists in different tri- 
bunals the one first exercising jurisdiction, rightfully acquires 
control to the exclusion of the other. 

Whartons Crim. PL and Practice, 8 Edition, Sec. 441-451. 
Hugh Crim. Law and Procedure, p. 663, Sec. 2564. 

FRAUD. 

53. A former conviction secured by the fraud of the de- 
fendant is no bar to a subsequent prosecution. 

Whartons Crim. PI. and Prac, Sec. 451, 8th Edition. 

54. It has also been held that a ' former conviction or ac- 
quittal procured by fraud of the defendant, is no bar to a 
subsequent prosecution. 

Infra. Sec. 849. 

55. A new trial will be granted where it appears any unfair 
trick or artifice had been employed, resulting in favor of the. 
party using it, thus a new trial was granted, where the de- 
fendant, by artifice of the prosecuting attorney, went to trial 
without contravening testimony, under the belief that cer- 
tain witness of the State were absent while in face they were 
present and concealed by the prosecution. 

Infra. Sec. 852. 

56. In cases however where the verdict has been obtained by 
fraud of the defendant, such for instance as the collusive or 
forcible keeping back witnesses for the prosecution, or the 
submitting of the case, by trick without evidence, the ver- 
dict may be treated as a nulity. 

Infra. Sec. 786. 

57. Where the complaint was made to a justice by a person 
employed to do so, by the defendant, and the warrant was 
served and witness subpoenaed by the defendants direction, 
and, an attorney retained and paid by him, to appear on the 
part of the State and the circumstances of the case, were so 
represented to the justice that he imposed a lighter fine, than 
he otherwise would have done, the case was held open to 
another trial. 

State V. Little, 1 N. H. 257. 
Com. V. Jackson, 2 Va. Cas. 501. 

58. Of course, there is, in what has been said, no reference 
to a verdict of acquittal, obtained in a sham prosecution, in- 
stigated by the defendant himself and managed by him, 



GAME, FISH AND FORESTRY LAWS. 207 

with a view of forestalling, on the ground of such acquittal, 
a bona fide prosecution by the State. 

Smith V. Pfluger, 10 Dist. Repts. 717-718. 

59. It has been many times decided and may be regarded 
as settled law, that if one procures himself to pe prosecuted 
for an offense he has committed thinking to get off with slight 
punishment, or none, and to thus bar a prosecution in good 
faith, by the State, for the same offense, if the proceedings 
in reality, managed by himself, either directly, or through 
the agency of another, and the State while a party in name, 
is not so in fact, and had no actual agency in the matter, the 
judgment thus procured is void and affords no protection. 

. Shindler v. State, Indiana Supreme Court, Oct. 1891. 
Grim. Law Magizine, Vol. 14, 204. 

60. While the judgment in such cases as those before cited 
are fraudulently procured and are frequently said to be void 
because of fraud practiced, it is apparent, that a better rea- 
son for holding them void and not binding upon the State, is, 
that the State is not a party to them. 

The State can no more be bound by a judgment to which it 
is not a party than. can a citizen of the State. Never having 
been a party to it, or having any notice, or knowledge of the 
proceedings, it may be treated as a nulity. * * * jn 
spea4^ing of such cases. Bishop well says. He, (the defendant) 
is, while holding his fate in his own hands, in no jeopardy. 
The plaintiff is no party in fact, but only such in name, the 
judge is imposed upon, indeed, in point of law, adjudicates 
nothing. All is a mere puppet show and every wire, moved 
by the defendant himself. 

1st Bishop Grim. Law, Sec. 1010. 

10 Dist. R. 717. 

HORNS ON A DEER. 

61. In a prosecution for illegally killing a deer. It is no de- 
fense that the respondent was ignorant of the fact that the 
animal v.as without horns. 

Vermont Reports; No. 75, Vol. II, Page 438, 1903. 

62. In a prosecution for killing a deer not "having horns" 
in violation of No. 94, Acts of 1896, when it is undisputed 
that the deer had horns, only to the extent of bunches which 
did not protrude through the skin, whether these bunches 
were "horns" within the meaning of the statute, is a question 
of law for the court. 



208 GAME, FISH AND FORESTRY LAWS. 

A deer which has no horns protruding through the skin, bo 
tlaat they can be seen to be horns, is not a deer "having 
liorns" within the meaning of No. 94, Acts 1896. 
Vermont Reports; No. 77, Vol. II, page 175. 

RIGHT OF CONSTABLE TO REWARD. 

1. Constables are entitled to the rewards for securing coii- 
'S'lctions for violation of game, fish or forestry laws, as fixed b/ 
met of March 22, 1899. 

A. C. Lee, Const, v. County of Wayne. 



DIVISION III. 



ACTS OP ASSEMBLY RELATING TO FORESTS 
AND FORESTRY. 



Title VIII. Offenses against real property, and i860, p. l 
malicious mischief. •*i^- 

Section 153. If any person shall knowingly and 
maliciously cut, fell, alter or remove any certain 
hounded tree, or other allowed land mark, to the 
wrong of his neighbor, or any other person, he 
shall be guilty of a misdemeanor, and on convic- 
tion, be sentenced to pay a fine not exceeding five 
hundred dollars, and to undergo an imprisonment 
not exceeding one year. 

Approved— March 31st, A. D. 1860. 

WM. P. PACKER. 

A division fence existing for more than twenty-one years 
cannot be removed by one adjoining owner without the con- 
sent of the other. Stoner v. Huasicker, 47 Pa., 514. 



AN ACT 

To prevent tenants in common of timber lands 
from cutting or removing trees without the con- 
sent of all of their co-tenants. 

Section 1. Be it enacted, &c., That from and 
after this date it shall be unlawful for any owner 
or owners of any undividt^d interests in timber 
land within this Common" enlth, to cut or to re- 
move, or to cause to be out or removed, from the 
said land, any timber tree«s, without first obtaining 
the written consent of all co-tenants in said prem- 
ises. 

14 ( 209 ) 



1869, P. L. 
1251. 



Tenants in 
coiumou-pro- 
hihtted from 
cutting r-ir 
removing 
timber with- 
out consent 
of co-tenant. 



210 



GAME, FISH AND FORESTRY LAWS. 



Sales of tim- 
ber thus cut 
or removed 
not to pass 
title thereto. 
Remedies 
for recovery 
of timber 
and damages. 



Parties in 
interest au- 
thorized to 
sue out 
writs of 
estrepement. 



Writs, how 
obtained. 



Section 2. That no sale of any timber, cut or 
removed from sucli undivided lands, before or with- 
out such consent, shall pass any title thereto; and 
the parties injured shall have evei y remedy in law 
and equity for the recovery of the said timber 
trees, and of all square timber, boards, lumber, ties, 
shingles and other articles, whatsoever manufac- 
tured therefrom; and also for the recovery of dam- 
ages for the cutting or removing of the same, 
which they now have against an entire stranger 
to the title. 

Bush v. Gamble, 137 Pa., 43. 

Section 3. Upon the violation of the provisions 
of the first section of this act, it shall be lawful for 
any of the parties in interest to sue out a writ of 
estrepement, to prevent any further cutting there- 
on, or the removal of any timber then already cut, 
or both; which said writ shall be of force until the 
interests of the parties shall be set out in sever- 
alty, or the writs dissolved by the court, or the 
action or partition in reference to said land finally 
ended; and the said writ of estrepement shall be 
obtained by affidavit, and allowed in the same 
manner and with like proceedings as to its service 
and dissolution as are now by law allowed and 
authorized in cases of estrepement issued pending 
actions of ejectment for real estate. 

Approved— May 4th, A. D. 1869. 

JOHN W. GEARY. 



1883, P. L. 
112. 

Timber 
lands to be 
■eparately 
assessed. 



AN ACT 

Requiring the several assessors of this CommoH- 
wealth to make return of timber lands. 

Section 1. Be it enacted, &c.. That it shall be the 
duty of the several assessors of this Common- 
wealth, in their return of real estate to the com- 
missioners of the proper county, at the next tri- 
ennial assessment, and at each triennial assess- 
ment there after, to make return of all the timber 
land in their proper district by specifying in sepa- 
rate columns, how many acres each tract contains 
of cleared land, and how many in timber. 

Approved— The 13th day of June, A. D. 1883. 

ROBERT E. PATTISON. 



GAME. FISH AND FORESTRY LAWS. 



211 



AN ACT 



Providing for the recovery of damage to trees along ^§9^ p ^ 
the public highways, by telegraph, telephone and !"•>• 
electric light companies. 



Section 1. Be it enacted, &c., That from and 
after the passage of this act, it shall be lawful, 
whenever any telegraph, telephone or electric light 
company shall have erected its poles and lines 
along any turnpike, public road, street, lane, alley 
or highway in this Commonwealth, for the owner 
or owners of land adjoining said turnpike or public 
road who may claim to be damaged by the erection 
or maintenance of said lines by reason of the cut- 
ting of trees, whether planted in the said turnpike, 
public road, street, lane, alley, or highway, or on 
enclosed or unenclosed land adjoining the same, 
to petition the court of common pleas of the county 
in which said damage shall be alleged to have been 
committed, whereupon the said court shall ap- 
point three impartial men, citizens of the county 
in which said damages shall be alleged, as viewers, 
who shall, after having being duly sworn or af- 
firmed to the faithful performance of their duties, 
assess the damages done, if any, to the petitioner, 
and shall report the same to the court, at the first 
week of the next regular term thereof after the 
said appointment, which report shall, upon its pre- 
sentation as aforesaid, be confirmed nisi; and if 
no appeal be entered to the same on or before ten 
days from the Saturday of the week in which the 
same is presented, it shall then be confirmed abso- 
lutely and judgment entered by the prothonotary 
of the said court upon the same against the said 
company. 

Section 2. The compensation of the viewers pro- 
vided for by the first section of this act shall be 
the same as is now provided for road viewers, and 
shall be paid by the defendant company, where 
damages are awarded, otherwise by the petitioner: 
Provided, That the provisions of this act shall not 



Owner dam- 
aged may 
petition the 
court. 



Court shall 
appoint 
three view- 
ers. 



Viewers' re- 
port. 



When con- 
firmation 
shall-become 
absolute. 



Shall not 
apply to 
police or Are 
department 
telegraph 
lines. 



212 



GAME, FISH AND FORESTRY LAWS. 



apply to the police patrol or fire department tele- 
graph lines. 

Section 3. All laws in so far as they conflict with 
this act are hereby repealed. 

Approved — The 2d day of June, A. D. 1891. 

ROBERT E. PATTISON. 

Reese v. Ry. Co., C. P. 2, J., 1902, 4127, Phlla. Ck). Gar- 
her V. Columbia Tel. Co., C. P. Lane. Co. Verdict for Plff., 
Dec. 3, 1902, for topping 103 locust trees. 

The wrongful cutting of ornamental trees Is Indictable onder 
Act of June 8, 1881, P. L. 82, which Is not repealed by this 
Act. Coiuth. V. Clark, 3 Pa. Sup. Ct., p. 141. 



AN ACT 

«897 p L 9 Authorizing the purchase by the Commonwealth 
of unseated lands for the non-payment of taxes 
for the purpose of creating a State Forest Reser- 
vation. 



When act 
shall go 
into effect. 



Duties of 
county 
treasurers 
anrl cnnmiis- 
siouers. 
Public no- 
tice to be 
given in two 
newspapers. 
Contents of 
notice. 



Notices to 
bo sent to 
Commissioner 
of Forestry. 



Section 1. Be it enacted, &c,, That from and 
after the first day of January, A. D. one thousand 
eight hundred and ninety-eight, whenever any un- 
seated lands within this Commonwealth shall, un- 
der existing laws, become liable to sale by the re- 
spective county treasurers or the county commis- 
sioners for non-payment of taxes, it shall be the 
duty of such treasurers and commissioners to pub- 
lish a notice once a week for six successive weeks 
in at least two newspapers of general circulation 
within the county in which the said lands lie, and 
if two newspapers he not published in said county, 
then in one newspaper in or nearest to the same, 
which notice shall contain the names of the owners 
when known, the warrant numbers, names of war- 
rantees when known, the number of acres contained 
in each tract, the township in which the same is 
located, and the sums due upon each tract for 
taxes and further to mail to the Secretary of 
Agriculture and the Commissioner of Forestry 
each, ten copies of such printed advertisement im- 
mediately upon publication thereof. 



GAME, FISH AND FORESTRY LAWS. 213 

Section 2. It shall be the duty of the Commis- 
sioner of Forestry to inquire into and examine the Duty of 
location and character of unseated lands advertised Commissioner 
by the respective county treasurers and the county ^ ^^^^ ^^' 
commissioners of this Commonwealth for sale for 
the non-payment of taxes, and if in his judgment 
the same are so located and are of such a char- 
acter as to make them desirable for the Common- 
wealth for the purpose of creating and maintain- 
ing a Forestry Reservation, he shall have power j^^jy purchase 
at his descretion, to purchase any such lands for lands for 
and in behalf of the Commonwealth at such tax Common- 
sales, subject to the right of redemption under wealth, 
existing laws: Provided however. That the bid 
made and the price paid for said lands, shall in no ^'"o^^^*'' 
case exceed the amount of taxes for the non-pay- 
ment of which the same are being sold, and the 
costs. For all purchases so made in behalf of the g^^ pay. 
Commonwealth, the Auditor General shall draw ment shaii 
his warrant upon the State Treasurer to the or- be made, 
der of the county- treasurer, upon certificate filed 
by the Commissioner of Forestry with the said 
Auditor General: Provided further, That the Com- 
missioner of Forestry shall have power to pur- 
chase unseated lands other than such as are adver- 
tised for sale for the non-payment of taxes, upon 
such terms and conditions as may be agreed upon 
with the owners of such lands: Provided, That 
such purchase shall be approved by the Governor 
and the Board of Property, consisting of the Attor- 
ney General, Secretary of the Commonwealth and 
Secretary of Internal Affairs. And provided fur- 
ther, That in no case shall the price paid for such 
unseated land exceed the assessed value of the 
same. For all purchases so made in behalf of the 
Commonwealth the Auditor General shall draw his 
warrant upon the State Treasurer to the order of 
the grantor, upon certificate filed by the Commis- 
sioner of Forestry, with approval as aforesaid: 
Provided, That in no case shall the amount paid 
for any tract of land purchased under the provis- 
ions of this act exceed the sum of five dollars per 
acre.* 



•Sec. 2, as amended by Act of April 28, 1899, P. L. 98. 



214 



GAME, FISH AND FORESTRY LAWS. 



Redemption 

of. 



Title shall 
be vested in 
Common- 
wealth. 

CouDty 
treasurers 
shall certify 
to Commis- 
sioner of 
Forestry 
lists of landi 
not re- 
deemed. 
Such Isnds 
not subject 
to further 
taxation. 

Record of 
lands to be 
kept. 

Contents of 
record. 



Lands shall 
be under 
control of 
Department 
of Forestry. 



Purpose. 



Repeal. 



Section 3. In the event of redemption of said 
lands, the redemption money paid shall be re- 
mitted to the State Treasurer by the county treas- 
urer with a statement describing the tract of land 
so redeemed. 

Section 4. The title to all lands so purchased, 
and not redeemed after the expiration of the time 
limited for the redemption, shall be taken as vested 
in the Conimonwealth to the same extent, and with 
like effect as though such purchase had been made 
by an individual at such sale, and the county treas- 
urer shall certify to the Secretary of Agriculture 
[Commissioner of Forestry] lists of all lands pur- 
chased in behalf of the Commonwealth and not 
redeemed within the time limited for such redemp- 
tion, with a description of each tract as required 
by section one of this act, and thereafter such 
lands shall not be subject to further taxation while 
the same are owned by the Commonwealth. It 
shall be the duty of the Secretary of Agriculture 
I Commissioner of Forestry] to keep a record in a 
book, to be especially provided for that purpose, 
of all the lands so acquired by the Commonwealth, 
v/ith full description of each tract, the character 
of the same, the date of purchase, the price paid, 
when the title became absolute, or if redeemed, 
the date of redemption. 

Section 5. The lands so acquired by the Com- 
monwealth shall be under the control and man- 
agement of the Department of Agriculture, but as- 
signed to the care of the Division of Forestry, 
[Department of Forestry] and shall become part 
of a forestry reservation system, having in view 
the preservation of the water supply at the sources 
of tlie rivers of the State, for the protection of the 
people of the Commonwealth and their property 
from destructive floods. 

Section 6. All acts or parts of acts inconsistent 
herewith are hereby repealed. 

Approved— The 30th day of March, A. D. 1897. 

DANIEL H. HASTINGS. 



(The above Act, by reason of the abolishment of the Divi- 
sion of Forestry in the Department of Agriculture, and the 
creation of the Department of Forestry by Act of 25th Feb- 
ruary, 1901, has been changed in its application. 



GAME, PISH AND FORESTRY LAWS. 



215 



constables. 



AN ACT 

To authorize constables and other peace oflBcers, 

without first procuring a warrant, to arrest per- 18»7, P, L. 
sons reasonalily suspected ly them of offending 29. 
against the laws protecting timber lands. 

Section 1. Be it enacted, &c.. That if any person )[^l^„h' 
or persons shall be detected by any constable or 
other peace officer, in the act of trespassing upon 
any forest or timber land within this Common- 
wealth, under such circumstances as to warrant 
the reasonable suspicion that such person or per- 
sons have committed, are committing, or are about 
to commit, some offense or offenses against any of 
the laws now enacted or hereafter to be enacted 
for the protection of forests and timber land, such 
constable or other p«ace officer shall have au- 
thority at once, without first procuring a w^arrant ^^^^ 
therefor, to arrest on riew such person or persons, 
with like effect as though such warrant had first 
been procured. 

Section 2. That all «cts or parts of acts incon- 
sistent herewith be and the same are hereby re- 
pealed. 

Approved— The 29th day of April, A. D. 1897. 

DANIEL H. HASTINGS. 



May arrest 
without war- 



Bepeal. 



AN ACT 

To amend the first section of an act, entitled "An 
act to protect timber lands from fire," approved 
the second day of June, A. D. 1870, providing for 
a penalty in case of the failure of county com- 
missioners to comply with the terms of said act, 1397, p. l. 
after demand made upon them by the Commis- 295.' 
sioner of Forestry, and providing for the Com- 
monwealth bearing part of the expenses incurred 
under said act. 

Section 1. Be it enacted, &c., That the first sec- Section 1, 

tion of the act, entitled "An act to protect timber o^Slyo^cfted 

lands from fire," approved the 2d day of June, for ame'nd- 

A. D. 1870, which reads as follows: ment. 



216 



GAME, FISH AND FORESTRY LAWS. 



County com- 

uiissioiuTS 
shall appoint 
rcrsoiis to 
institute 
proccHMliiigs, 
and extin- 
guish fires. 

Commis- 
sioners fail- 
in;;; to com- 
ply shall be 
guilty of a 
misdemeanor. 

Penalty. 

How expenses 
after Janu- 
ary 1,1898, 
shall he 
paid. 



Itemized 
8la lenient 
ohall be 
burnished 
Auditor 
General. 



"Section 1. That it shall be the duty of the com- 
missioners of the several counties of this Common- 
wealth to appoint persons under oath, whose duty 
it shall be to ferret out and bring to punishment 
all persons who either wilfully or otherwise cause 
the burning of timber lands, and to take measures 
to have such fires extinguished where it can be 
done the expense thereof to be paid out of the 
county treasury, the unseated land tax to be the 
first applied to such expenses," shall be and the 
same is hereby amended to read as follows: 

Section 1. That it shall be the duty of the com- 
missioners of the several counties of this Common- 
wealth to appoint persons, under oath, whose duty 
it shall be to ferret out and bring to punishment 
all persons or corporations who either wilfully or 
otherwise cause the burning of timber lands within 
the respective counties, and to take measures to 
have such fires extinguished where it can be done; 
and on failure of the commissioners of any county, 
after demand made upon them by the Commissioner 
of Forestry of this Commonwealth, to comply with 
this provision, they shall be deemed guilty of a 
misdemeanor in office, and upon conviction thereof 
shall be fined in a sum not exceeding one hundred 
dollars, or suffer an imprisonment not exceeding 
two years or both, at the discretion of the court. 
The expense incurred in the employment of the 
persons contemplated by this act, on and after the 
first day of January, A. D. 1898, shall be paid„ 
one-half out of the treasury of the respective 
county, and the remaining half of said expense 
shall be paid by the State Treasurer upon warrant 
from the Auditor General; but no such warrant 
shall be drawn until the commissioners of the 
pi'oper county shall have first furnished, under 
oath or affirmation, to the Auditor General, a writ- 
ten itemized statement of such expense, and until 
the same is improved by the Auditor General: 
Provided, That in no case shall the expense to the 
Commonwealth growing out of this act exceed five 
hundred dollars for a single county in any one 
year. 

Approved— The 15th day of July, A. D. 1897. 

DANIEL H. HASTINGS. 

Act construed, A. G. O., 9 D. R., 537. See also 
A. G. O., 4 D. R., 670. 



GAME, FISH AND FORESTRY LAWS. 



217 



AN ACT 

To establish a Department of Forestry, to provide 
for its proper administration, to regulate the 
acquisition of land for the Commonwealth and 
to provide for the control, protection and main- 
tenance of Forestry Reservations by the Depart- 
ment of Forestry. 

Section 1. Be it enacted, &c.. That there be and 
is hereby established a Department of Forestry, to 
consist of the Commissioner of Forestry and four 
other citizens of the Commonwealth, who together 
shall constitute the State Forestry Reservation 
Commission; each of whom shall be appointed and 
commissioned by the Governor, by and with the 
advice and consent of the Senate; the Commission- 
er of Forestry for a term of four years, two of the 
said citizens for a term of two years; and two of 
said citizens for. a term of four years; and there- 
after all appointinents shall be made by the Gov- 
ernor, by and with the advice and consent of the 
S.enate, for a term of four years. The persons so 
appointed, before entering upon the discharge of 
their duties shall each take and cubscribe to the 
oath of office prescribed by article seven of the 
Constitution of Pennsylvania. The Commissioner 
of Forestry and the Forestry Reservation Com- 
mission, so appointed, shall be clothed with all the 
powers heretofore conferred by law respectively 
upon the Commissioner of Forestry and the For- 
estry Reservation Commission, so far as the same 
are consistent with the provisions of this act, and 
in addition shall have full power, by and with the 
consent of the Governor, to purchase any suitable 
lands in any county of the Commonwealth that in 
the judgment of said Commission the State should 
possess for foiest preservation: Provided, That 
in no case shall the amount paid for any tract of 
land, purchased under the provisions of this act, 
exceed the sum of five dollars per acre. Said com- 
mission shall also have full power to manage and 
control all the lands which it may purchase under 
the provisions of this act, as well as those that 



1901, p. L. 
11. 



Departui'iiit 
of l<''ore[»tr>! 
established. 



How con- 
stituted. 



Appointed 
the Gov- 
ernor. 



bj 



Members to 
be sworn. 

Powers of 
the commie 

sion. 



Purchase ot 

huict. 



Proviso 



Control of 
lands. 



218 



GAME, FISH AND FORESTRY LAWS. 



May sell 
timber or 
l«ase mlB- 
eral rights. 



ProTlso. 



Publications 
!m Dttwi- 
papcri. 



Proviso. 



have heretofore been purchased and which are now 
owned by the State under existing laws.* Said 
Commission is also empowered to establish such 
rules and regulations with reference to control, 
management and protection of forestry reserva- 
tions, and all lands that may be acquired under the 
provisions of this act, as in its judgment will con- 
serve the interests of the Commonwealth, and 
wherever it shall appear that the welfare of the 
Commonwealth, with reference to reforestation and 
the betterment of State Reservations, will be ad- 
vanced by selling or disposing of any of the timber 
on forestry lands.t the Commission is hereby em- 
powered to sell such timber on terms most advan- 
tageous to the State; and said Commission is here- 
by empowered to make and execute contracts or 
leases, in the name of the Commonwealth, for the 
mining or removal of any valuable minerals that 
may be found in said forestry reservations, when- 
ever it shall appear to the satisfaction of the Com- 
mission that it would be for the best interest of 
the State to make such disposition of said miner- 
als; and provided, that such contracts or leases 
shall also be approved by the Governor of the Com- 
monwealth after the proposed said contracts or 
leases shall have been duly advertised in at least 
three newspapers published nearest the reservation 
designated, for one month, in advance of said con- 
tract or lease, and the contracts or leases shall be 
awarded to the highest bidder and he or they shall 
have given such bond as the Commission shall 
designate for the performance of his or their part 
of the contract, and the said bond shall have been 
approved by the court of the county wherein the 
contracts or leases are made: Provided, however, 
that when, by virtue of leases or contracts for 
removal of minerals and sale of timber from any 



*For legislative intention and construction of this Act, see 
9 D. R. 95. 

fTbe privilege of using the waters on the forest reserves 
may be granted for private purposes. This power Is fairly 
implied from the provisions of the Act. A. G. O. , 10 D. R., 
376; but see contra, A. G. O., 13 D. R., 331. 

For construction of this section see Com. v. LaBar, 32 Sap. 
Ct. , 228, holding that a justice of the Teace has hereunder 
no power of summary conviction. Also defines the lega^ 
meaning of timber. 



GAME, FISH AND FORESTRY LAWS. 21S 

lands purchased by the State for Forestry Reserva- one-haif net -- 
tions, there comes a net revenue to the State, one- [j|^p""^ to 
half of said net revenue derived from lands situate township. 
in any township shall be paid by the State Treas- 
urer to the treasurer of such township, for appli- 
cation to township purposes and reduction of local 
tax levies in such township: Provided, That there Proviso, 
shall not be paid to any one township, during any 
year more than twice the amount of taxes that 
would be received by such township from said 
lands if they were owned by individuals. t 

Section 2. (Supplied by Act of May 5, 1911, P. L. 
, which see infra p. 257.) 

Section 3. That the Commissioner of Forestry commis- 
shall be the president and executive officer of the sioner of 
Forestry Reservation Commission, and also Super- J^'«restry to 
Intendent of the State Forestry Reservations, and ^f commf°-' 
shall have immediate control and management, sion, etc. 
under the direction of the Forestry Reservation 
Commission, of all .forest lands already acquired 
or which may hereafter be acquired by the Com- 
monwealth, but the power so conferred upon said 
Commissioner of Forestry shall not extend to the 
enforcement of the laws relating to public health 
or the protection of fish and game. It shall be the 
duty of the Commissioner of Forestry to encourage Duties of 
and promote the development of forestry, and to ^°™^^^' 
obtain and publish information respecting the ex- 
tent and condition of forest lands in the State, 
and to execute all rules and regulations adopted 
by the Forestry Reservation Commission for the 
enforcement of all laws designated for the protec- 
tion of forests from fire and depredation; and he is 
hereby empowered to employ such detective ser- ^xay employ 
vice and such legal or other services as may be detectives, 
necessary for the protection of the forestry reserva- 
tions owned by the Commonwealth and for the 
apprehension and punishment of persons who may 
violate any of the forestry reservation laws or any 
of the rules and regulations, which, under the 
powers herein given, may be adopted by the For- Proviso. 
estry Reservation Commission: Provided, That the 
services so employed and the expenses that may 

J"(;.ini.stpr rock" is a "valuable mineral" witiiin the mean- 
ing of this section and can only be disposed of after com- 
pliance with the terms of the Act, A. G. O. , 12 D. R., 420. 



220 



GAME, FISH AND FORESTRY LAWS. 



Salary of 

the Commis- 
sioner. 

Traveling 
expenses of. 

Expenses of 
other mem- 
bers. 



Office to 
be provided 
and fur- 
nished. 



Transfer of 
unexpended 
appropria- 
tion. 



Clerk of 
Commis- 
sioner. 



Salary of. 



Purchase 
money for 
lands ; how 
to be paid. 



thereby be incurred shall be approved by said For- 
estry Reservation Commission and the Governor 
of the Commonwealth. 

Section 4. The Commissioner of Forestry shall 
receive a salary of three thousand dollars per an- 
num, and in addition thereto shall be reimbursed 
for all necessary expenses of travel which may be 
incurred in the discharge of the duties of his office; 
and the other members of the Forestry Reservation 
Commission shall serve without salary, but shall 
be reimbursed for all necessary expenses incurred 
by them in the performance of the duties of their 
office. 

Section 5. The Commissioner of Forestry shall 
have an office at the State Capitol, and it shall be 
the duty of the Board of Commissioners of Public 
Grounds and Buildings to provide, from time to 
time, the necessary rooms, furniture, apparatus 
and supplies for the use of the Department of For- 
estry created under the provisions of this act. 

Section 6. All moneys appropriated by the Gen- 
eral Assembly in the general appropriation act 
of 1899 for the Division of Forestry of the State 
Department of Agriculture, as for salaries or con- 
tingent fund, which may remain unexpended at 
the time of the approval of this act, shall be 
transferred to and be vested in the Department of 
Forestry, hereby created; and the clerk of the 
Commissioner of Forestry, hitherto appointed 
under the law creating the Department of Agricul- 
ture, shall be transferred from the Department of 
Agriculture to the Department of Forestry, on the 
same salary that he now receives. 

Section 7. The purchase money for lands ac- 
quired and all expenses that may be incurred, ex- 
cept the salaries of the Commissioner of Forestry 
and his clerk, shall be paid by the State Treasurer 
out of any moneys in the Treasury not otherwise 
appropriated, on warrant of the Auditor General, 
upon vouchers duly approved by resolution of the 
Forestry Reservation Commission and the Gover- 
nor of the Commonwealth. 



GAME, FISH AND FORESTRY LAWS. 



221 



Section 9 The title* of all lands acquired by the 
Commonwealth for forestry reservations shall be 
taken in the name of the Commonwealth and shall 
be held by the Commissioner of Forestry, and such 
lands shall not be subject to warrant, survey or 
patent, under the laws of the Commonwealth au- 
thorizing the conveyance of vacant or unappro- 
priated lands, and all such forestry reservation 
lands shall be exempt from taxation from the time 
of ^heir acquisition. In all cases where lands have 
been purchased, or may hereafter be purchased by 
the Forestry Reservation Commission for forest 
reservations, where there are public roads, regu- 
larly established, running into or through said 
land, the Commissioner of Forestry, under such 
rules and regulations as the Forestry Reservation 
Commission is hereby authorized to adopt, may 
expend a sum not exceeding twenty-five dollars per 
mile in each year for the maintenance, repair or 
extension of any such roads, and on roads border- 
ing on reservations one-half of this rate per mile 
may be expended. All expenses that may thus be 
incurred shall be subject to the approval of the 
Forestry Reservation Commission and the Gov- 
ernor of the Commonwealth, and shall be paid in 
the same manner as other expenses are provided 
for in this act. 

Since the passage of the Act of April 5, 1905, P. L. Ill, 
making a fixed charge of 2 cents per acre for road i)iirposes 
against State lands held for forest reserves, the above i-nvi- 
lege under Sec. 8 has not been exercised by this Commission. 

Tax exemption removed by Act of 1905. 

Section 9. The Commissioner of Forestry shall 
receive the moneys to which the State may be en- 
titled by virtue of the sale of any timber, or by 
virtue of any leases or contracts relating to the 
disposition of minerals, as hereinbefore provided, 
and he shall immediately pay the same over to the 
State Treasurer as a part of the revenue of the 
Commonwealth. The said Commissioner of For- 
estry shall give his bond to the Commonwealth, 
with two sureties, to be approved by the Governor, 

*For a discussion of the Commonwealth's titles and the 
doctrines of estoppel as applied to the State, see Com. t. 
Blerly, 37 Sup. Ct. Rep. p. 496. 



Title of 
lands ac- 
quired to be 
in Common- 
wealth. 

Lands not to 
be subject 
to warrant, 
survey and 
patent, and 
to be exempt 
from taxa- 
tion. 



May expend 
money for 
public roads. 



Expenses 
subject to 

approval. 



Disposition: 
of money 
received. 



222 



GAME, FISH AND FORESTRY LAWS. 



Commis- 
sioner of 
Forestry 
sliall give 
boud of 
$10,000. 



Repeal, 



in the sum of ten thousand dollars, for the faithful 
discharge of the duties imposed hy this act and 
for the pi-oper accounting of any moneys to the 
Commonwealth that may come into the hands by 
virtue of his position as Commissioner of Forestry. 

Section 10. That all acts or parts of acts incon- 
sistent with the provisions of this act be and the 
same are hereby repealed. 

Approved— The 25th day of February, A. D. 1901. 

WILLIAM A. STONE. 



1901, r 
119. 



Wtieii file 
''ommissioiier 
of Forestry 
may appoint 
(letectivea 
end enipi«>y 
attorneys. 



Expenses 
incurred. 



Fines 
•collected. 



AN ACT 

For the better protection of timber lands against 
fire, and providing for the expenses of the same, 
and directing what shall be done with the fines 
collected and costs paid. 

Section 1. Be it enacted, &c.. That when the 
commissioneis of any county or counties fail to 
"appoint persons under oath, whose duty it shall 
be to ferret out and bring to punishment all per- 
sons or corporations who either wilfully or other- 
wise cause the burning of timber lands," within 
their respective counties, as is provided for by the 
act of July 15th, 18!)7, or when they have appointed 
inefficient persons to do the work aforesaid; the 
Commissioner of Forestry may, on the request of 
residents of a county in which such fires have been 
created, or on the request of tlie owner or owners 
of land which has been injured by the fires so 
created, appoint a detective or detectives, and 
employ an attorney or attorneys, to ferret out and 
bring to punishment, as aforesaid, those who cause 
the burning of timber lands; and all e.xpenses in- 
curred by the Commissioner of Forestry under 
the operation of this act shall be paid by the State 
Treasurer, on warrant drawn by the Auditor Gen- 
eral, if the said bills shall be approved by the 
Governor and the Commissioner of Forestry; and 
all the fines collected shall be paid by the magis- 
trate or by order of the court to the Commissioner 
of Forestry, and be paid by him to the Treasurer 
of the Commonwealth. 



GAME. PISH AND FORESTRY LAWS. 



223 



Section 2. When conviction is obtained, under When pay- 
the provisions of this act, of persons or corpora- "'ent to 
tions causing the burning of timber lands, then the missioner™ 
Auditor General, on the request of the Commis- may be re- 
Bioner of Forestry, may refuse to pay the State's fused, 
share of the money due to the county for the ser- 
vices of the person or persons, appointed by the 
county commissioners, to ferret out and bring to 
punishment those who caused forest fires in the 
districts where such persons served as fire detec- 
tives, to make arrests and secure convictions, and 
for which conviction was obtained by the detectives 
appointed by the Commissioner of Forestry. 

Approved— The 2d day of May, A. D. 1901. 

WILLIAM A. STONE. 



AN ACT 

Auth9rizing boroughs of this Commonwealth to re- 
quire the planting of shade-trees along the pub- 
lic streets thereof, by the owners of abutting 
property, in certain cases. 

Section 1. Be it enacted, &c., That the burgess 
and council of any borough of this Commonwealth, 
upon the petition of a majority of the property 
owners upon any public street thereof, may by 
ordinance require the planting and replanting of 
suitable shade-trees along and upon either side of 
any such street, upon such alignment and at such 
points as may by such ordinance be designated, by 
the owner or owneis of property abutting the 
street at the points designated; and on failure of 
any such owner or owners after reasonable notice 
to comply with the terms of any such ordinances, 
the said authorities may cause such trees to be 
planted or replanted at the expense of the bor- 
ough; and thereupon, in the name of the borough, 
collect such expense from the owner or owners in 
default, as debts of like amount are by law col- 
lectable: Provided, That the said authorities shall 
not require the planting or replanting of trees at 



1901 p. L. 
569. 



Boroughs 
may require 
the planting 
of sliadr 
trees by 
abutting 
owners. 



224 



GAME, PISH AND FORESTRY LAWS. 



any point or points which may interfere with the 
necessary or reasonable use of any street or abutt- 
ing property, or interfere unreasonably with any 
business thereon conducted. 
Approved — The 17th day of June, A. D. 1901. 

WILLIAM A. STONE. 



1901, P. L. 
•610. 



AN ACT 

To encourage the planting of trees along the road- 
sides of this Commonwealth, and providing a 
penalty for killing, removing or injuring the 
same; what disposition is to be made of moneys 
collected as penalties, and for keeping a record 
by the supervisor of roads or boards of super- 
visors of roads of the trees so planted and upon 
which a tax abatement has been granted. 

NOTE. — With the possible exception of a portion of section 
5, this act is rendered inoperative by the decision in Tnbbs 
V. Tiof;a, '.i2 C. C. 504, and subsequent legislation. See page 
230 hereafter. 



Negli- 
gence , etc. 



Proviso. 



Fine. 



Penalty. 



Section 5. Any person who shall cut down, kill 
or injure any living tree, planted or growing nat- 
urally as aforesaid, (that is, by the roadside), or 
who negligently or carelessly suffers a horse or 
other domestic animal, driven by or for him to in- 
jure any trees hereinbefore mentioned, upon con- 
viction thereof shall be subject to a penalty of not 
less than one dollar, nor more than five dollars, 
with costs of suit, for each and every tree so cut 
down, killed, removed or injured: Provided, That 
if the defendant or defendants neglect or refuse to 
pay at once the penalty so imposed and costs, or 
shall not enter sufficient bail for the payment of 
the same within ten days, he or they shall be com- 
mitted to the common jail of the county in which 
the offense v/as committed, for a period of not less 
than one day for each dollar of penalty imposed 
and costs. 

Approved— The 2d day of July, A. D. 1901. 

WILLIAM A. STONE. 



GAME, FISH AND FORESTRY LAWS. 



225 



AN ACT 



Conferring upon persons employed, under existing 
laws, by the Commissioner of Forestry, for the 
protecting of State Forestry Reservations, after 
taking the proper oath of office, the same pov/ers 
as are by law conferred upon constables and 
other peace officers; to arrest, without first pro- 
curing a warrant, persons reasonably suspected 
by them of offending against the laws protecting 
timber lands; also conferring upon them simi- 
lar powers for the enforcement of the laws and 
rules and regulations for the protection of the 
State Forestry Reservations, and for the protec- 
tion of the game and fish contained therein; and 
further, conferring upon them power to convey 
said offenders into the proper legal custody, for 
punishment; this act to apply only to offenses 
committed upon said reservations and lands ad- 
jacent thereto. 



1903, P. 
24. 



L. 



Section 1. Be it enacted, &c.. That the persons 
employed, under existing laws, by the Commis- 
sioner of Forestry, for the protection of State For- 
estry Reservations, shall, after taking the proper 
official oath before the clerk of the court of quarter 
sessions of any county of the Commonwealth, be 
vested with the same powers as are by existing 
laws conferred upon constables and other peace 
officers; to arrest on view, without first procuring 
a warrant therefor, persons detected by them in 
the act of trespassing upon any forest or timber 
land within this Commonwealth, under such cir- 
cumstances as to warrant the reasonable suspicion 
that such person or persons have committed, are 
committing, or are about to commit, some offense 
or offenses against any of the laws now enacted or 
hereafter to be enacted for the protection of forests 
and timber lands. Such officers shall likewise be 
vested with similar powers of arrest, in the case of 
offenses against the laws or the rules and regula- 
tions enacted or to be enacted for the protection of 

15 



Employes of 
CommlssioneK 
of Forestry. 



Powers 
vested in. 



Forest and 
timber hind. 



State For- 
estry Reser- 
vation. 



226 



GAME, FISH AND FORESTRY LAWS. 



the State Forestry Reservation,* or for the pro- 
tection of the fish and game contained therein: 

Proviso. Provided, That the above mentioned rules and reg- 

ulations shall have been previously conspicuously 
posted upon the reservation. Said officers shall 
further be empowered, and it shall be their duty 
immediately upon any such arrest, to take and 
convey the offender or offenders before a justice of 
the peace or other magistrate having jurisdiction, 
for hearing and trial, or other due process of law: 
Provided, further. That this act shall extend only 
to the case of offenses committed upon said For- 
estrj'^ Reservations and lands adjacent thereto; and 
the powers herein conferred upon said officers shall 
not be exercised beyond the limits thereof, except 
where necessary for the purpose of pursuing and 
arresting such offenders, or of conveying them into 
the proper legal custody, for punishment, as afore- 
said. 

Repeal. Section 2. All acts or parts of acts inconsistent 

herewith be and the same are hereby repealed. 
Approved— The 11th day of March, A. D. 1903. 
SAML. W. PENNYP ACKER. 



Proviso. 



Limitation, 



AN ACT 



1903. P. L. 
200. 



■Conimis- 
sioiier of 
Forestry and 
the Forestry 
Reservation 
Commission, 
empowered 
to gi^e cer- 
tain privi- 
leges to streel 
railway com- 
panies. 



To empower the Commissioner of Forestry and the 
Forestry Reservation Commission to give street 
railway companies the privilege to construct, 
maintain and operate their lines of railway over 
along and upon public highways within or bor- 
dering on forest reservations owned by the Com- 
monwealth. 

Section 1. Be it enacted, &c.. That the Commis- 
sioner of Forestry and the Forestry Reservation 
Commission are hereby authorized and empowered 
to give to street rail"Tiy companies, duly incor- 
porated under the laws of this Commonwealth, 
upon such terms and subject to such restrictions 
and regulations as said Commissioner and Com- 
mission may deem proper, the privilege to con- 
struct, maintain and operate their lines of railway 

♦A forest officer is not liable to indictment and punisliment 
under the Act of April 24, 1903, P. L. 296, for killing a dog, 
wlien done in the course of duty and upon probable cause. 

Com. V. Fredericli, 27 Pa. Sup. Ct. 228, 



GAME, FISH AND FORESTRY LAWS. 



227 



over, along and upon public highways, now laid 
out and in actual use, which lie within or border 
on any forest reservations now owned or hereafter 
to be acquired by the Commonwealth, whenever in Highways 
the judgment of the said Commissioner and Com- bordering on 
mission the interests of the Commonwealth in the forest reser- 
said reservations shall be benefited thereby. yations. 

Approved— The 15th day of April, A. D. 1903. 
SAML. W. PENNYPACKER. 



AN ACT 

To limit the amount of money expended each year 
by the State Forestry Reservation Commission 
in the purchase of lands for the Commonwealth. 

Section 1. Be it enacted, &c., That froni and 
after the passage of this act, the amount of money 
expended by the State Forestry Reservation Com- 
mission for the purchase of lands in any one fiscal 
year, shall not exceed the sum of three hundred 
thousand dollars: Provided, That contracts here- 
tofore made for the purchase of land by the State 
Forestry Reservation Commission shall not be af- 
fected by this act. All proceeds derived from the 
lands purchased by the said Commission shall be 
paid into the State Treasury, and shall be held as 
a special fund, and shall be paid by the State 
Treasurer to the said Commission, from time to 
time, upon warrants drawn by the Commissioner 
of Forestry and countersigned by the Auditor Gen- 
eral, for the purpose of assisting in defraying the 
necessary expenses of protecting and improving 
the said lands, or for the purchase of additional 
land. 

Section 2. All acts or parts of acts inconsistent 
herewith are herebv repealed. 

Approved— The 15th day of April, A. D. 1903. 

SAML W. PENNYPACKER. 



1903, p. L. 
201. 



Forestry 
Reservation 
Commission. 
Limiting 
amount of 
money to be 
expended by, 
annually- 



Special 
fund. 



Expendi- 
ture of. 



Repeal. 



228 



GAME, FISH AND FORESTRY LAWS. 



It08, P. L. 
■78. 



Appropria- 
tion. 



AN ACT 

Directing the Commissioner of Forestry to erect 
buildings on the Mont Alto Reservation or to 
purchase land and buildings adjacent to the said 
reservation, wherein to provide instruction in 
forestry, to prepare forest wardens for the pro- 
per care of the State Forestry Reservation lands 
and making an appropriation therefor. 

Section 1. Be it enacted, &c.. That the Commis- 
sioner of Forestry is hereby directed, under the 
advice of the State Forestry Reservation Commis- 
sion, to purchase suitable buildings and land ad- 
jacent to the Mont Alto State Forestry Reserva- 
tion or to erect buildings on said Reservation, at a 
cost not to exceed six thousand dollars, and to es- 
tablish and provide therein and on said Reserva- 
tion practical instruction in forestry, to prepare 
forest wardens for the proper care of the State 
Forestrj'' Reservation lands; the said instruction 
not to cost a sum exceeding ten thousand dollars, 
for the two fiscal years ending June first, one thou- 
sand nine hundred and five; and the sura of six- 
teen thousand dollars, or so much thereof as may 
be necessary, is hereby appropriated, out of moneys 
not otherwise appropriated for said purposes; to 
be paid by warrant drawn by the Auditor General 
upon resolution of the State Forestry Reservation 
Commission. 

Approved— The 13th day of May, A. D. 1903. 

SAML. W. PENNYPACKER. 



1I05, P. L. 
Ul. 



Preaitble. 



AN ACT* 
Providing a fixed charge on lands acquired by the 
State for Forestry Reserves', and the distribution 
of revenue, so derived, for school and road pur- 
poses. 

Whereas, The Commonwealth of Pennsylvania is 
acquiring large tracts of lands, in its several coun- 
ties, for the purpose of establishing forest reserva- 
tions; and 



GAME, FISH AND FORESTRY LAWS. 22f 

Whereas, The purchasing of said lands by the 
Commonwealth makes said lands exempt from 
taxation; and 

Whereas, Because of said exemption from taxa- 
tion, districts in the several counties lose the rev- 
enue secured from said prior taxation, and works 
a hardship upon the citizens thereof, by compelling 
them to make up the loss on school and road-taxes 
thus brought about: 

Section 1. Be it enacted, &c.. That from and after „ 
the passage of this act, all lands acquired by the fe^/elnreB 
Commonwealth for forest reserves, and now ex- 
empt from taxation, shall be subject to an annual 
charge of three cents per acre, for the benefit of Annual 
the schools in the respective districts in which charge 
said reserve or reserves are located, and two cents against, 
per acre, for the benefit of the roads in the town- 
ships where said reserve or reserves are located, certificate 

Section 2. The Commissioner of Forestry shall as to num- 
certify to the respective school districts and town- ber of acres, 
ships, throughout the Commonwealth, in which «tc. 
forest reserves are' located, the number of acres 
owned by the Commonwealth in each district or 
township, upon application of the treasurer or road 
supervisors of any of the said districts or town- 
ships, and the charge against the same; and shall, 
furthermore, certify to the State Treasurer the 
number of acres as aforesaid, and the charge 
against the same and in favor of the respective 
districts and townships. The State Treasurer 
shall, upon the approval of the proper warrants of 
the Commissioner of Forestry, pay to the several 
school-districts and townships the amounts due Payme«t to 
the same from the Commonwealth, and derived school dis- 
under this act, upon due application therefor made tricts aiid 
by the treasurers or road supervisors of the said t<'""'°8'iip«»- 
districts and townships. 

Approved — The 5th day of April, A. D. 1905. 
SAML. W. PENNYPACKER. 

♦See new act relating to charge for schools, page 248. 



530 



GAME, FISH AND FORESTRY LAWS. 



1905, r. L. 
156. 



Forestry 

reserva- 
tion. 



Privileges 
of boroughs 
and immici- 
palities. 

Pipe-lines. 



AN ACT 

To empower the Commissioner of Forestry and the 
Forestry Reservation Commission to give to bor- 
oughs and other municipalities the privilege of 
impounding water on Forest Reservations owned 
by the Commonwealth, and of constructing, 
maintaining and operating lines of pipes over 
and through the same for the purpose of con- 
veying water therefrom. 

Section 1. Be it enacted, &c.. That the Commis- 
sioner of Forestry and the Forestry Reservation 
Commission are hereby authorized and empowered 
to give to boroughs and other municipalities of 
this Commonwealth, upon such terms and subject 
to such restrictions and regulations as said Com- 
missioner and Commission deem proper, the priv- 
ilege of impounding water upon any Forest Reser- 
vations, now owned or hereafter to be acquired by 
the Commonwealth, and of constructing, main- 
taining and operating lines of pipes upon and 
through said reservations, for the purpose of con- 
veying water therefrom, whenever in the judgment 
of the said Commissioner and Commission it shall 
be to the public interest so to do. 

Approved— The 14th dav of April. A. D. 1905. 
SAML. W. PENNYPACKER. 



1907, P. L. 
849. 



Shade 
trees. 



Shade-tree 
Commission. 



AN ACT 

To provide for the planting and care of shade-trees, 
on highways of townships of the first class, bor- 
oughs, and cities of the Commonwealth of Penn- 
sylvania, and providing for the cost thereof. 

Section 1. Be it enacted, &c.. That in townships 
of the first class, boroughs, and cities of the Com- 
monwealth of Pennsylvania there may be ap- 
pointed, in the manner hereinafter provided, a 
Commission of three freeholders, to be known 
and designated as the Shade-tree Commission of 
the said township, borough, or city, who shall 



GAME, FISH AND FORESTRY LAWS. 231 

serve without compensation, and who shall have 
exclusive and absolute custody and control of, and 
power to plant, set out, remove, maintain, pro- 
tect, and care for shade troes, on any of the pub- 
lic highways of the said tO^mships, liproughs, and 
cities, the cost thereof to be provided for in the . 

manner hereinafter stated: Provided, That fn i '"^is"- 
townships, boroughs, or cities in wtsfch a Com- 
mission for the care of public parks shall have 
been created, said Commission shall, upon the ac- ^xistiug 
ceptance of this act as provided in section two, park cuui- 
be charged with the duties of the Commission as missious. 
above provided, and shall, for that purpose be 
possessed of all the powers herein mentioned and 
granted. 

Section 2. The commissioners of any township 
of the first class, or the councils of any borough or 
city, in the State of Pennsylvania, may, by ma- 
jority vote in the case of the commissioners, or by 
joint resolution in the case of the councils, ac- "^^^j^^^g act 
cept the provisions of this act, and when such " 
majority vote or joint resolution shall have been 
duly passed and approved, and such Shade-tree 
Commissioners appointed, or, in their stead, the 
duties and powers herein provided have been de- 
volved upon an existing park commission, then, 
from that time and in that event, this act and 
all its provisions shall be in full force and ap- 
plication in such township of the first class, bor- Toims oi 
ough, or city, so accepting; and such commis- comuiis- 
sioners shall be appointed, for terms of three, four sioneis. 
and five years, respectively, and, on the expira- 
tion of any term, the new appointment shall be for 
five years, and any vacancies shall be filled for 
the unexpired term only; and in townships of the in^y^l^"*" 
first class the said appointment shall be made by 
the commissioners thereof; and in boroughs, by 
the chief burgess, and in cities by the mayor there- proviso, 
of: Provided, That in cities where a Commission 
exists for the care of public parks, the term and 
appoirjtment of such Commission shall not be 
changed by th'is act, but shall be and remain as 
provided by the act of Assembly, and by the or- 
dinance of councils creating such Commission for 
the care and maintenance of public parks. And 
such Shade-tree Commission shall, twice in every 



232 



GAME, FISH AND FORESTRY LAWS. 



Annual re- 
port. 



Proviso. 



Tree-plant- 
ing, etc. 



Notice shall 
he published. 



Cost of 
planting, 
transplant- 
ing, etc. 



Certificates. 



Lien. 



year, report in full its transactions and expendi- 
tures for ttie municipal fiscal year then last ended, 
to the authority under and by which it was ap- 
pointed: Piovided, That an existing park com- 
mission, acting under this enactment, may em- 
body its report in its regular report to the coun- 
cils, as by law or ordinance provided. 

Section 3. That when such shade-tree commis- 
sioners, or park commissioners so acting, shall 
propose the setting out or planting or removing 
of any shade trees, or the material changing of 
the same in any highway, they shall give public 
notice of the time and place appointed for the 
meeting at which such contemplated work is to be 
considered, specifying in detail the highways, or 
portion thereof, upon which trees are proposed to 
be planted, removed, or changed, in one or more — 
not exceeding two in all — of the newspapers pub- 
lished in said township, borough, or city, once 
each week for at least two weeks, prior to the 
date of said meeting. 

Section 4. The cost of planting, transplanting, 
or removing any trees in any highways, and of 
suitable guards, cuibing, or grading for the pro- 
tection thereof, when necessary, and of the proper 
replacing of any pavement or sidewalk necessarily 
disturbed in the doing of such work, shall be 
borne by the owner of the real estate in front of 
which such trees are planted, set out, or removed; 
and the cost thereof as to each tract of real estate 
shall be certified by the commissioners to the 
township commissioners, or to the presidents of 
the councils in boroughs and cities, and also to the 
person having charge of the collection of taxes 
for the said township, borough, or city; and upon 
the filing of said certificates, the amount of the 
cost of such improvement, of which notice shall 
also be given to each property owner involved, ac- 
companied with a copy of the aforesaid certifi- 
cate, together with a notice of the time and place 
for payment, shall be and become a lien upon said 
real estate, in front of which said trees have been 
planted, set out, or removed; said lien to be col- 
lectible, if not paid in accordance with notice as 
herein provided, in the same manner as other 
liens for taxes are now collectible against the 
property involved. 



GAME, FISH AND FORESTRY LAWS. 233 

Section 5. The cost and expense of caring for Costs of care 
said trees after having been planted or set out, *.°^ pubiica- 
and the expense of publishing the notices provided 
for in section three, shall be borne and paid for 
by a general tax, to be levied annually in the 
manner that taxes for township, borough, and 
city purposes are now levied in such townships 
of the first class, boroughs, or cities ;such tax not Tax. 
to exceed the sum of one-tenth of one mill on the 
dollar on the assessed valuation of the property in 
such townships of the first class, boroughs, or 
cities; and the needed amount shall each year, 
in due time, be certified by the shade-tree com- 
missioners to the proper authorities charged with 
the assessment of taxes in said townships, bor- 
oughs, or cities, to be assessed and paid, as other 
taxes are assessed and paid, and to be drawn 
against as required by said commissioners, in the 
same manner as moneys appropriated for town 
ship borough, or city purposes are now drawn 
against in said townships, boroughs, or cities: 
Provided, That the commissioners of any town- Proviso, 
ship of the first class, and the councils of any 
borough or city, accepting the provisions of this 
act, may provide for the expense of the main- Appropria- 
tenance of trees on highways, in accordance with 
the provisions of this section by actual appropria- 
tion, equal to the amount certified to be required 
by the said Commission, in lieu of the specific 
assessment above authorized. 

Section 6. The Commission, under which the _ .^ 
provisions of this act shall be carried out, in any femient. en- 
township of the first, class, borough, or city, shall gineer. ' 
have power to employ and pay such superin- wardens, 
tendents, engineers, foresters, tree-wardens, or ^^^• 
other assistants, as the proper performance of the Regulations 
duties devolving upon it shall require; and to 
make, publish and enforce regulations for the 
care of, and to prevent injury to, the trees on 
the highways of any township, borough, or city Fine and 
accepting the provisions of this act; and to assess penalties. 
suitable fines and penalties for violations of this 
act, provided such regulations shall have been 
published at least twice in one or more, not ex- 
ceeding two, newspapers of the township, bor- 
ough, or city, involved, after having been sub- 



234 



GAME, FISH AND FORESTRY LAWS. 



l.ipns. 



Disposition 
of tiues. etc. 



liepeal. 



mitted to and being approved by the commission- 
ers of the township of tlie first class, of the coun- 
cils of the borough or city affected; and such fine? 
and penalties, so assessed for violations of this 
act, shall become liens upon the real property of 
the offender, and be collectible by the constituted 
authorities as liens for taxes upon real property 
are now collected. 

Section 7. All the moneys due and collected from 
fines or penalties or assessments, in consequence 
of the acts of said Shade-tree Commission in 
enforcing this act, shall be paid to the treas- 
urers of the townships, boroughs, and cities ac- 
cepting its provisions, and shall be placed to the 
credit of said commission, subject to be drawn 
upon by the said commission for the purposes of 
this act. 

Section 8. All acts and parts of acts inconsistent 
with this act are hereby repealed. 

Section 9. This act shall take effect imme- 
diately; but its provisions shall not be and become 
binding upon any township, borough, or city until 
it has been duly accepted, as provided in section 
two. 

Approved— The 31st day of May, A. D. 1907. 

EDWIN S. STUART. 



1907, P. L. 
381. 



Siinatorinm, 
Mont Alto. 



AN ACT 

Authorizing the transfer of the control and man- 
agement of the Sanatorium on the State Fores- 
try Reservation near Mont Alto, in Franklin 
county, from the Commissioner of Forestry to 
the Department of Health. 

Section 1. Be it enacted, &c., That in case the 
Department of Health shall, with the approval 
of the Governor, in the establishment of sanatoria, 
or colonies for the reception and treatment of in- 
digent persons affected with incipient tuberculosis, 
find it desirable to take over, control, and man- 
age the Sanatorium located on the State Forestry 
Reservation near Mont Alto, in Franklin county, 
established under the provisions of the act ap- 



GAME, FISH AND FORESTRY LAWS. 



235 



proved May fifteenth, Anno Domini one thousand 
nine hundred and three, the Commissioner of For- Transfer 
estry is hereby authorized and directed to transfer ^fg^i^Q^g^of 
said Sanatorium, and the management and control p-orestiy to 
of the same, to the Department of Health, which Department 
is hereby authorized to receive, and henceforth of Health, 
manage and control, the said Sanatorium. 
Approved— The 1st day of June, A. D. 1907. 

EDWIN S. STUART. 

By Act of Assembly the Department of Health Is directed 
to carry out the idea represented by the Camp Sanatorium 
at IMont Alto, established bv the Commissioner of Forestry 
in 1903. 

For blanlt forms of application for admission to this Camp 
Sanatoriimi, address "Camp Physician, White Pine Camp, 
Mont Alto, Franklin County, Pa." 



AN ACT 

Establishing precautionary regulations to prevent 
forest fires on lands in which oil-wells and gas- 
wells are situated, and diminish danger there- 
from; making certain violations thereof misde- 
meanors, and prescribing punishment for the 
same, and in other cases affixing penalties and 
declaring liabilities for damages. 
Section 1. Be it enacted, &c.. That fallows, 
stumps, logs, brush, dry grass, fallen timber, or 
tree-tops shall not be burned in any forest lands 
of this Commonwealth, in which there are pro- 
ducing oil-wells or gas-wells, or rigs erected for 
drilling such wells, from the first day of April 
in each year to the twentieth day of May next 
ensuing, nor from the tenth day of September 
in each year to the tenth day of November next 
ensuing. Excepting during the periods aforesaid, 
fires may be set in such lands upon the following 
conditions: First, that written permission thereto, 
of the fire-warden of the proper township, shall 
first be obtained; second, said fire-warden shall 
be personally present when such fire is started; 
third, such fire shall not be started during a 
strong wind, nor without sufficient help to con- 
trol the same at all times; fourth, such fire shall 
be watched and guarded, by the person by whom 
it is started, until it is extinguished. No fires 



1907, P. L, 
527. 



Forest fires, 
regulations 
to prevent. 
Lands upon 
■which are 
oil and gas 
wells. 

When fires 
may not be 
started. 
When fires 
may be 
started. 

Conditions. 



236 



GAME, FISH AND FORESTRY LAWS. 



Violations. 

Misde- 
meanor. 



Fine. 



Commit- 
ment. 

Proviso. 

Appeal. 

Bail. 



Annual clear- 
ance of lands 
of Inflamma- 
ble material. 



Neglect. 



shall be set, or allowed to burn, in said lands, 
excepting upon compliance with the conditions 
aforesaid. Any person violating any provisions of 
this section shall be deemed guilty of a misde- 
meanor; and, upon being convicted thereof before 
any alderman or magistrate, shall be fined by the 
said alderman or magistrate, — for the first offense, 
in the sum not less than ten dollars or more than 
twenty dollars, and for the second, and every 
subsequent, offense, in a sum not less than twenty 
nor exceeding one hundred dollars, to be paid to 
the county wherein such offense may be com- 
mitted; and if said fine or penalty and the costs of 
the proceedings be not paid, then said alderman 
or magistrate shall commit said offender to the 
county jail, there to remain until discharged by 
due course of law: Provided, That when the fine 
imposed exceeds the sum of twenty dollars, the 
party complained against may appeal from the de- 
cision of said alderman or magistrate to the court 
of quarter sessions, upon his entering bail, in the 
nature of a recognizance, in the usual manner, for 
his appearance at said court, where the offense 
shall be prosecuted in the same manner as is now 
directed by law in other cases of misdemeanor. 

Section 2. Any owner or lessee of any forest 
lands, or owner of trees growing upon said lands, 
or any person in charge of the premises upon 
which lands there are producing oil-wells or gas- 
wells, or rigs erected for drilling such wells, shall, 
at least once in each year, cause to be removed 
from said lands all brush, tree-tops, and branches 
of trees, which such owner, lessee, or other person 
in charge of the premises, may have cut or felled 
thereon, v/ithin one hundred feet, respectively, of 
all such wells or rigs; and shall, at least once in 
the year, cause to be removed from said land all 
grass, brush, trees-tops, and brandies of trees, and 
other inflammable material, within one hundred 
feet of the righu of way of any railroad company 
operating thereon; to the end that during the 
spring and autumn season, as defined in the first 
section of this act, the said area shall be free and 
clear of such inflammable material. In case any 
person, partnership, or corporation shall neglect to 
perform the duty imposed by this section, the 



GAME, FISH AND FORESTRY LAWS. 



237 



same shall be liable to a penalty of fifty dollars 
for failure, in any instance, to comply with the 
duty imposed by this section; to be paid to the 
county where the offense may be committed, re- 
coverable in an action of assumpsit, in which the 
county wherein such violation occur shall be the 
plaintiff. 

Section 3. Every railroad company shall, on 
such part of its road as passes through forest land 
on which there are producing oil-wells or gas-wells, 
or rigs erected for drilling such wells, cut and re- 
move from its right of way through said lands, 
at least once a year, all grass, brush and other 
inflammable materials; employing, in the seasons 
defined in the first section of this act, suflBcient 
trackmen to promptly put out fires on its right 
of way; provide locomotives thereon with steel 
netting or iron wire on the smokestacks or other 
efficient spark-arresters, to prevent the escape of 
fire or sparks, and adequate devices to prevent the 
escape of fire from ash-pans and furnaces, and 
the same shall be used by every engineer and 
fireman on such part of its road. No railroad 
company, or employe thereof, shall deposit fire, 
coais, or ashes on its track or right of way near 
such lands. In case of fire on its own or neighbor- 
ing lands, within one hunderd feet of its tracks, 
the railroad company shall use all practicable 
means to put it out. In case of any violation of 
the provisions of this section, such railroad com- 
pany shall be answerable to the owner or owners 
of any property destroyed or injured by fire in 
consequence of such violation; and said company 
shall further be liable to a penalty of one hundred 
dollars for such violation, to be paid to the county 
wherein the violation may occur, recoverable in an 
action of assumpsit in which the county wherein 
such violation occurs shall be the plaintiff. 

Approved— The 12th day of June, A. D. 1907. 

EDWIN S. STUART. 



Fine. 



Duties of 

railroad 

cumpaoleii. 



Spark 
arreateni. 



Firea. 



Violatioiuj. 



Penalty. 



238 



GAME, FISH AND FORESTRY LAWS. 



1909, P. L. 
97. 



Troes within 
highway 

limits. 

T^orested or 
uncultivated 
lauds. 

Beyond fif- 
teen feet 
from center 
line of road. 



Consent of 

abutting 

owner. 



Appeal. 



Hearing. 
Order. 

Proviso. 
Brush, etc. 

Proviso. 



AN ACT • 

To protect trees growing by the roadsides and 
within the ro..d limits; and providing a penalty 
for the unlawlul killing, removal of, or injury to 
the same. 

Section 1. Be it enacted, &c., That where any 
public highway in this Commonwealth passes 
through or along forested lands, wild lands, or 
uncultivated lands, no trees growing within the 
limits of the said highway, at a distance beyond 
fifteen feet on either side of the centre-line of said 
highway, which shall measure four inches or over 
in diameter at a point two feet from the surface 
of the ground, shall be cut down or destroyed by 
the commissioners, supervisors, or road-masters 
employed by them, or any other person, without 
first obtaining the consent of the abutting owners. 
If any board of commissioners or supervisors deem 
the removal of any such trees, beyond said limit 
of fifteen feet on each side of the centre-line of 
said highway, necessary for the improvement of 
the road, and the consent of the abutting property 
owners cannot be obtained, the board of com- 
missioners or supervisors may appeal the matter 
to the judge of the court of the proper district; 
who is hereby directed to examine and inquire into 
all such subjects of dispute which may be referred 
to him, and, having due regard for the demand 
for road improvement as well as for the preserva- 
tion of the trees, shall, after hearing all parties 
in interest, make such order in respect thereof as 
to him shall appear reasonable, equitable, and 
just; and from whose decision there shall be no 
appeal: Provided, That the commissioners or 
supervisors shall at all times have the right to 
clear out brus^ii and other refuse from along the 
sides of the road, to the legal width thereof; And 
Provided further. That all such clearing and re- 
moval of brush and refuse shall be confined to 
growth that is under the limit hereinabove de- 
scribed, and to the removal of branches that in 
any way may interfere with public travel; and 
LiiaL no oihcr injury, by fire, cutting, abrasion. 



GAME, FISH AND FORESTRY LAWS. 



239 



or otherwise, shall be done to the standing timber. 

Section 2. Whenever any public highway run- 
ning through improved or cultivated lands, in this 
Commonwealth, has been opened, and there shall 
be growing along the roadsides, and within the 
road limits, shrubs or trees not interfering with 
public travel, no board of survervisors or road- 
masters or other persons in their employ, shall re- 
move, cut, injure, or destroy or in any other man- 
ner interfere with, such shrubs or trees, unless 
said removal or cutting shall be absolutely neces- 
sary for the purpose of maintaining the highway 
at its best and highest efficiency; and, then, not 
until the abutting property owners shall have re- 
ceived notice thereof, and an agreement shall have 
been entered into between the local highway au- 
thorities and the abutting property owners relat- 
ing to the removal, cutting, or interference with 
said trees. If the said parties shall be unable to 
arrive at an agreement in respect thereto, the 
same shall be referred to a judge of the proper 
court, as aforesaid. Said judge shall examine and 
inquire into tiie subject of controversy, and, in 
like manner, render his decision, as provided for 
in section one of this act; and from which decision 
there shall be no appeal. 

Section 3. All logs, cordwood, branch wood, or 
other forms of wood, which shall be derived from 
the destruction or removal of any trees growing 
along the public highways of this Commonwealth, 
as aforesaid, shall be surrendered to, and remain 
the property of, the respective abutting owners. 

Section 4. Nothing in this act shall be so con- 
strued as to prevent the local highway authorities, 
anywhere in this Commonwealth, from removing 
such roadside trees which may be thrown down by 
the wind, or lodged in such position as to be a 
menace to public travel, or which, by reason of 
any other cause, become a source of danger to the 
public and ought to be removed; but every such 
act of rem.oval on the part of the highway authori- 
ties shall always be made with due regard to the 
circumstances in such case, so as to preserve the 
true intent and purpose of this act. 

Section 5. The term "highway authorities" in 
this act shall be construed to mean any person 



CuUivatftl 
lands. 



Cuttiug shall 
be ueces- 
sary. 



Notice to 

abutting 

owners. 



Appeal. 



Decisiuu. 



Logs, cord- 
wood, ete. 



Windfalls, 
etc. 



Menace to 
travel. 



"Highway 

authorities" 

construed. 



240 



GAME, FISH AND FORESTRY LAWS. 



Vlolationa. 



Misde- 
meanor. 



Fine. 



Hearing. 



Commit- 
ment. 



Repeal. 



who, by law shall be vested with the power to deal 
in any manner with the public highways of this 
Commonwealth, and shall include the officials of 
the State Highway Department, supervisors, road- 
masters, and all persons employed by them in any 
capacity, or who exercise any authority over said 
roads or highways. 

Section 6. If any commissioner, supervisor, road- 
master, or person in their employ, or any other 
person, shall cut down, kill, or injure any living 
tree, growing as aforesaid, and of a size four 
inches in diameter, or greater, at a point two feet 
from the surface of the ground, or shall violate 
any other provision of this act, he shall be guilty 
of a misdemeanor, and, upon conviction thereof, 
shall be subject to a penalty of not more than five 
dollars for every tree so cut, injured, or destroyed, 
with costs of suit; to be recovered in an appro- 
priate action to be brought before any magistrate, 
alderman, or justice of the peace of the county 
wherein the said offense was committed, who, upon 
affidavit of any person, duly presented, is hereby 
authorized and directed to issue his warrant to 
any person empowered to make arrests, directing 
him to arrest the person so charged. The said 
magistrate, alderman, or justice of the peace shall, 
thereupon, proceed to hear both the complainant 
and the defendant and their witnesses, and shall 
forthwith decide as to him shall appear to be 
just and right. If any defendant upon conviction 
for any offense shall fail or refuse to pay the fine 
and costs which may be imposed upon him, or 
shall not give bond with approved surety to pay 
the same within ten days, he shall be committed 
to the jail of the county wherein the offense was 
committed, there to remain for a period not to 
exceed thirty days, or until he shall, in the mean- 
time, have paid the said fine and costs in full. 

Section 7. All acts or parts of acts in conflict 
herewith be and the same are hereby repealed. 

Approved— The 1st day of April, A. D. 1909. 

EDWIN S. STUART. 



GAME, FISH AND FORESTRY LAWS. 



241 



AN ACT* 

Authorizing the Department of Forestry to grow ^909 p ^ 
and distribute young forest trees to those who 115. ' 
will plant and care for the same. 

Section 1. Be it enacted, &c., That the Depart- Department 
ment of Forestry is hereby authorized to grow of Forestry. 
and distribute, to all persons who will plant and 
care for them, young forest trees, in such quantity 
and under such conditions and regulations as may Young forest 
be prescribed by the Department. The Depart- *^^^^- 
ment of Forestry shall make a reasonable charge 
for such trees, not in excess of the actual cost of 
production. Those who make application for such ^^e^ment 
trees must enter into an agreement with the de- 
partment to bear the cost of transportation from 
the various State nurseries to the plajce where 
ordered to be sent, and that the young trees will 
be planted under the direction of the Department 
of Forestry, and cared for and protected. 

Section 2. All moneys which may be received 
by the Department of Forestry, from the sale and 
distribution of young forest trees, as aforesaid, 
shall be paid by the said Department into the 
State Treasury, for the use of the Commonwealth. 

Approved— The 22d day of April, A. D. 1909. 

EDWIN S. STUART. 



AN ACT 

To permit the acquisition of forest or other suit- 
able lands by municipalities, for the purpose of 
establishing municipal forests; and providing 
for the administration, maintenance, protection, 
and development of such forests. 

Whereas, It has been demonstrated by time and 
experience in the countries of continental Europe 
that properly managed municipal forests have 
proved to be important sources of municipal 
revenue, tending greatly to reduce the burden of 
municipal taxation; and 

•Application for forest tree seedlings must be made on 
blank forms furnished by the Department. Shipments will 
ordinarily be made from the nearest State nursery where a 
■ufflcient stock is on band. 

16 



1909, P. L„ 
124. 



Whereas. 



242 



GAME, FISH AND FORESTRY LAWS. 



Whereas. 



S^uuicipal 
Iforests. 



AcQuireuient 
and holding 

Of. 



Size and lo- 
cation. 



Proviso. 



Approval of 

Cumuiis- 

sioner. 



Ordinance. 

Facts and 
conditions. 

Advertise- 
ment. 

Appropria- 
ilon. 



Whereas, Many of the townships, boroughs, and 
cities of this Commonwealth are so located that 
it would be pi'oper and expedient for them to 
possess tracts of land to be used for the purposes 
of municipal forests, in many instances conserv- 
ing and protecting the water supply and promot- 
ing the healthfulness of said municipality, and 
capable, as well, of yielding revenue applicable 
to the purposes of such municipalities; there- 
fore. — 

Section 1. Be it enacted, &c.. That all townships 
of the first class, boroughs, and cities of this Com- 
monwealth are hereby empowered to acquire, by 
purchase, gift, or lease, and hold as the property 
of the municipality, tjacts of land at present cov- 
ered v.ith forest or tree growth, or suitable for the 
growth of trees, and to administer the same, under 
the direction of the Commisioner of Forestry of 
the Commonwealth of Pennsylvania, in accordance 
with the practices and principles of scientific for- 
estry, for the benefit and advantage of the said 
municipalities. Such tracts may be of any size 
suitable for the purpose, and may be located either 
within, adjacent to, or at a distance from the cor- 
porate limits of the municipality purchasing the 
same: Provided, That it shall be requisite for the 
commissioners, burgess, or mayor of any munici- 
pality, availing itself of the provisions of this act, 
to submit to the Commissioner of Forestry, and 
secure his approval of, the area and location of any 
lands proposed to be acquired for the purposes of 
municipal forests, previous to the passage of the 
ordinance provided for in section two. 

Section 2. Wlienever the township commission- 
ers of any township of the first class, or the coun- 
cils of any borough or city, shall deem it expedi- 
ent for the municipality to acquire any such lands 
for the purposes of a municipal forest, they shall 
so declare in an ordinance, w^herein shall be set 
forth all facts and conditions relating to the pro- 
posed action; which said proposed ordinance, prior 
to its passage, shall be duly advertised once a w^eek 
for three weeks, and, after its passage and ap- 
proval, in accordance with existing law. All money 
necessary for the purchase of such tracts shall be 
appropriated in like manner as is now done, under 



GAME, FISH AND FORESTRY LAWS. 



243. 



existing law, for municipal purposes; and such 
funds may be provided out of current revenue, or 
by lire proceeds of a sale of bonds, in accordance 
with exi-iing law. . . , 

Section 3 Upon the acquisition of any municipal 
forests or of lands suitable for such, under this 
act, the proper authorities shall notify the Com- 
missioner of Forestry, who shall malve such rules 
for thp govornment and proper administration ot 
the same as may be necessary. The municipal au- 
thorties ^hall thereupon publish such rules, de- 
clare the uses of the foiests in accord with the 
true intent of this act, and make such provision 
for its administration, maintenance, protection, 
and development as shall be necessary or expe- 

Section 4. All moneys uecessary to be expended, 
from time to time, for the administration, main- 
tenance, protection, ^.ud development of said for- 
est, shall be appropriated and applied as is now 
done, under existing law, for municipal purposes; 
and all revenue and emoluments arising trom saia 
forest shall be paid into the municipal treasury, 
to be used for general municipal purposes. 

Section 5. The municipal forest may be used by 
the people for general outing or recreation 
grounds, subject to the rules governing its ad- 
ministration for the puiTOse of a municipal foiebt 
in which the major idea shall be the sale of toiest 
products for producing a continuing municipal 

^ ^Section 6. The alienation of a municipal forest, 
or any part thereof, shall be made only m the 
manner prescribed herein for the purchase of the 
^me to wit, by ordinance duly advertised before 
and after passage, but such ordinance shall not be 
effective in legalizing such alienation until alter it 
shall have been approved by a majority vote ot the 
people at the next ensuing election. 

A^pproved-The 22d day o^ A^ril, A. D^1^90^.^ 



Bonds. 



Acquisition 
of forest 
or laud. 

Rules. 

I'ublicationi 
of. 



Maiute 
uanco, etc. 



Revenues, 
etc. 



Parks. 



Municipal 
revenue. 

Alienation,, 



Popular 
vote. 



244 



GAME, FISH AND FORESTRY LAWS. 



AN ACT 

Relating to the granting of titles by the Common- 
wealth of Pennsylvania to vacant or unappro- 
priated land, the price to be paid for the same, 
1909, p. L. the conveyance to the State Forestry Reservation 
413. Commission, where desirable for forest culture 

or forest preservation, preventing the granting 
of warrants for the beds of navigable rivers, and 
providing for acceptance of returns of surveys 
without limitation as to excess or surplus. 

Section 1. Be it enacted, &c., That whenever an 
application shall be made to the Secretary of Ii;- 
ternal Affairs for any vacant or unappropriated 
land, of any kind or description whatsoever, it 
shall be the duty of the Secretary of Internal 
Affairs to make or cause to be made a careful 
investigation concerning the land applied for in 
said application, with a view of determining, so 
far as practicable, whether any office rights have 
heretofore been granted for the land described in 
said application; and he may also, at his discre- 
tion, cause a survey to be made thereof, to ascer- 
tain whether such land is vacant or unappro- 
priated, and if it shall be found that the land 
described in said application has heretofore been 
appropriated, or that it is not vacant or unappro- 
priated land, he shall make a report to that 
effect, which report, together with others relating 
to the proceedings in the case, shall be filed among 
the records of the Land Office, and shall be con- 
clusive as to the question of vacancy: Provided, 
however, That the applicant shall be entitled to an 
appeal to the Board of Property under such rules 
as said Board of Property may adopt. 

If, in the opinion of the Secretary of Internal 
Affairs, the land applied for shall be vacant or 
unappropriated, it shall be the duty of the Gov- 
ernor of the Commonwealth, the Attorney General, 
Appraisers the Secretary of the Commonwealth, and the Sec- 
retary of Internal Affairs to appoint three disin- 
terested reputable persons to estimate and value 
the land so applied for, who shall, before they 
enter upon the duties of their appointment, take 



JLands, va- 
cant or un- 
appropriated. 

Duty of Sec- 
retary of In- 
ternal Af- 
fairs. 



Survey. 

Report. 

Proviso. 
Appeal. 



GAME, FISH AND FORESTRY LAWS. 



24& 



an oath or affirmation, before a justice of the 
peace or other officer having authority to admin- 
ister an oath, that they will justly estimate and a 
true valuation per acre make of all the land con- 
tained in the tract applied for; and, also, they 
shall state that they are not directly or indirectly 
interested in the apulication for the land applied 
for. 

The persons thus appointed and sworn or affirm- 
ed shall proceed to value the land by going on the 
same, and, having regard to the soil, timber, fish- 
eries, minerals, other advantages, and the local 
situation thereof, and, having agreed upon the 
valuation per acre of the land so applied for, shall 
certify the same, under their hands, directed to 
the Secretary of Internal Affairs; and in case they 
refuse or neglect to perform any of their duties 
as aforesaid, within ninety days from the date of 
their appointment, then said appointment shall 
become null and void; and it shall be the duty of 
the Governor of the Commonwealth, the Attorney 
General, the Secretary of the Commonwealth, and 
the Secretary of Internal Affairs to appoint three 
other persons to estimate the lands, as herein- 
before provided. Upon the receipt of the report 
of the appraisers, the Secretary of Internal Affairs 
shall notify the applicant of the value given to 
the land so applied for, and shall request payment 
of the amount due the State by virtue of such ap- 
praisement, and until such payment is made, ac- 
cording to the price fixed by the said .ippraisers 
and within the time hereinafter specified, the Sec- 
retary of Internal Affairs shall withhold the grant- 
ing of the warrant. 

If payment is made in accordance with such ap- 
praisement, the money so paid shall be imme- 
diately turned into the State Treasury, and the 
Secretary of Internal Affairs shall grant title to 
the applicant for the land so applied for and ap- 
praised, in the manner now provided by law, and 
the expenses incident to the investigation, survey, 
and appraisement shall be paid by the Common- 
wealth: Provided further. That before appraisers 
shall be appointed as herein stipulated it shall be 
the duty of the Secretary of Internal Affairs to 
■ubmit to the State Forestry Reservation Commis- 



Valuation,. 



Certiticate 
of value. 

la case of 
refusal or 
neglect. 



Other ap- 
praisers. 

Report. 



Request for 
payment. 



Titles. 



Proviso. 

State For- 
estry Reser- 
vation Com- 
mission shall 
have notice 



246 GAME, FISH AND FORESTRY LAWS. 

sion a copy of the application made for said vacant 
or unappropriated lard, togetlier with a desi'ription 
thereof as ascertained through said investigation 
and survey; whereupon it shall be the duty of the 
said State Forestry Reservation Commision to de- 
termine whether it is desirable or practicable that 
such vacant or unappropriated land should be ac- 
quired for forest culture or forest resei'vation; and 

Report. said State Forestry Reservation Commission shall, 

within tl e period of two months, make report to 
the Secretary of Internal Affairs as to the desir- 
ability or practicability of securing such vacant 
or unapT«ropriated land for forest culture or forest 
reservrition, and if in said report a request shall 
be mnde ^or the conveyance of such vacant or 
unjippropr- ited land to the State Forestry Reser- 

^. .. ^ vfirion Commission, it shall be the duty of the 

.ami' 7)"if'"t Secietary of Internal Affairs to grant a warrant 
and patent, according to the usual custom of the 
Land Office Bureau, conveying such vacant or un- 
. appi-opriated land to the State Forestry Commis- 
sion, without the payment of any purchase money, 
interest, or fees. 

Section 2. That whenever such vacant or unap- 
propriated land shall not be conveyed to the State 
Forestry Reservation Commission, as provided in 
the first section of this act, it shall be the duty of 
the person or persons making application, as afore- 
said, for such land, to pay the amount of money 
as fixed by the appraisement into the office of the 
Department of Internal Affairs, within three 
months from the date of the filing of the report 
of the appraisers in the Department of Internal 
Affairs, due notice of which shall be mailed to the 

H'Z'FtK' applicant by the Secretary of Internal Affairs; and 

if such applicant shall not make payment within 
the time specified, he shall be deemed to have 
abandoned the purpose of securing a grant from 
the Commonvrealth for the land so applied for and 
appraised, and such vacant or unappropriated land 
may then be disposed of to any applicant therefor, 
on the payment of the price as fixed by the renort 
of the appraisers as hereinbefore provided: Pro- 
vided however. That in cases wiiere caveats are 
filed and pending before the Board of Property, the 
time shall be extended to cover their determination 
by that board. 



nient of 
Viil nation 



GAME, FISH AND FORESTRY LAWS. 



247 



Section 3. That on and after the passage of this 
act, there shall be no warrants or other office rights 
granted in any of the counties of the Common- 
wealth for lands in the beds of navigable rivers, or 
in beds of streams which are by law declared pub- 
lic highways. 

Section 4. That whenever the State Forestry 
Reservation Commission shall apply for vacant or 
unappropriated land for forest culture or forest 
reservation, the Secretary of Internal Affairs is 
hereby authorized to grant title to such applied 
for lands in the manner provided by law, without 
the payment of purchase money, interest, or fees. 

Section 5: This act shall not be construed to 
affect any pre-emption rights which may have 
been acquired under existing laws, or the right of 
any person who mas'- have an application for va- 
cant land pending with the Secretary of Internal 
Affairs, of the date of the approval of this act. 

Se 'tion 6. That the Secretary of Internal Affairs 
is hereby authorized and empowered to accept any 
and all surveys, regularly made and returned to 
the Department of Internal Affairs, in pursurance 
of any warrant, location, actual settlement, or 
order of survey, v/ithout limitation as to the quan- 
tity of excess or surplus over the amount specified 
in the w^arrant or application: Provided, That the 
purchase money and interest on such excess be 
paid into the State Treasury at the rate stipulated 
in the warrant, or as otherwise required by law, 
prior to the acceptance of the return of survey 
and issuance of a patent thereon: And provided 
further. That no acceptance of a return of survey 
shall, in any case, prejudice or affect the right 
or title of any other person in or to such excees or 
surplus land by virtue of a prior warrant, location, 
actual settlement, or order of survey thereon. 

Section 7. The act of Assembly, entitled "An 
act relating to the granting of titles by the Com- 
monwealth to vacant or unappropriated land, the 
price to be paid for the same, the convej^ance to 
the State Forestry Reservation Commission where 
desirable for forest culture or forest preservation, 
and preventing the granting of warrants for the 
beds of navigable rivers," approved the twenty- 



Beds of 

navigable 
rivers, et<r^ 



ApplicatloB 
by Forestry 
Commission, 



Pre-emptloa 
rights. 



Surveys. 



Excess or 
surplus. 

Proviso. 

Payment of 

purchase 

money. 

Proviso. 



Prior war- 
rant, etc. 



Act of 
March 28, 
190.">. cited 
for repeal. 



248 



GAME, FISH AND FORESTRY LAWS. 



eighth day of March, Anno Domini one thousand 
Repeal. nine hundred and five, is hereby repealed; and all 

other acts, or parts of acts inconsistent with the 
provisions of this act, are also hereby repealed. 
Approved— The 3d day of May, A. D, 1909. 

EDWIN S. STUART. 



1909, P. L. 
744. 



Preamble. 



Preamble. 



Annaal 
charge. 



How pay- 
able. 



AN ACT 

Providing a fixed charge on lands acquired by the 
State for forest reserves, and the distribution of 
the same for school purposes in the townships 
and boroughs wherein State reserves are lo- 
cated. 

Whereas, The Commonwealth of Pennsylvania is 
acquiring large tracts of land in its several coun- 
ties for the purpose of establishing forest reserves, 
which lands are exempt from taxation; and 

Whereas, Because of such exemption, the several 
school districts within which said reserves are lo- 
cated lose the revenue secured fiora prior taxation, 
thus working a hardship upon the citizens of said 
districts; therefore. 

Section 1. Be it enacted, &c.. That from and 
after the passage of this act, all lands now ac- 
quired or hereafter (o be acquired by the Common- 
wealth for forest reserves, and which by existing 
law are now exempt from taxation, shall be subject 
to an annual charge of two cents per acre for the 
benefit of the schools in the respective districts in 
which said reserves are located: Provided, That 
no school district shall be entitled to receive any 
sum of money from the State, under this act, 
unless said school district shall levy and collect a 
tax, for the support of its schools, of not less than 
four mills on the dollai- of the assesed valuation 
of property in said school district. 

Section 2. The Commissioner of Forestry shall 
certify to the respective school districts through- 
out the Commonwealth in which forest reserves 
are located, and to the State Treasurer, the num- 
ber of acres owned by the Commonwealth therein, 
for forest reserve purposes, and the amount of the 
charge in favor of each district. The Commis- 
sioner of Forestry shall draw his warrant in favor 



GAME, FISH AND FORESTRY LAWS. 



249 



of the treasurer of each of said school districts, 
which said warrants, after the approval and 
counter signature of the Auditor General of the 
Commonwealth, shall be paid by the State Treas- 
urer to the respective school districts in whose 
favor the same may be so drawn; and the sum of 
forty thousand dollars, or so much thereof as may 
be necessary, be and the same is hereby specifi- 
cally appropriated, for the purposes of this act, for 
the two fiscal years beginning June first, one 
thousand nine hundred and nine. 

Section 3. That all acts or parts of acts incon- 
sistent herewith be and the same are hereby re- 
pealed. 

Approved— The 13th day of May, A. D. 1909. 

EDWIN S. STUART. 



AN ACT 

To create a system of fire-wardens to preserve the 
forests of the Commonwealth, by preventing and 
suppressing forest fires, and prescribing penal- ^ggg jp j^ 
ties for the violation thereof; providing for the 78i. ' 
compensation of the fire-wardens and those who 
assist in extinguishing fire, and making an ap- 
propriation therefor. 

Section 1. Be it enacted, &c., That there be Fire-w*rdea 
hereby instituted and created a system of fire- systena. 
wardens, within this Commonwealth, whose duty 
it shall be to protect forests, farmers' w^oodlots, 
and wild lands by preventing and suppressing 
fires. 

Section 2. The Commissioner of Forestry and cuief fim- 
the Deputy Commissioner of Forestry shall be, re- warden, 
spectively, the Chief Fire Warden and the Deputy 
Chief Fire Warden of this Commonwealth, for the 
enforcement of the provisions of this act. They i^^P^ty- 
shall have immediate supervision and control of 
the whole system of fire-wardens hereby created, 
and, as such, shall have full power and authority 
to carry the same into effect. 

Section 3. As soon after the approval of this act Appoint- 
as may be convenient, the Commissioner of For- meats, 
pistry shall appoint in each borough and township 



250 



GAME, PISH AND FORESTRY LAWS. 



District Fire- 
wardens. 



Badge. 



Duty of 
wardens. 



Autliority. 



Powers. 



Compensa- 
tion. 



Employes of 
Department 
of Forestry. 



in this Commonwealth, if in his judgment neces- 
sity exists for sucli appointment, a suitable and 
competent person, who shall be known as the dis- 
trict fire-warden of the particular borough or town- 
ship wherein he shall be appointed. The persons 
appointed district fire-wardens shall be expressly 
chosen to carry out the provisions of this act, by 
reason of their physical fitness and their good repu- 
tation for sobriety, honesty, and ability to perform 
the duties herein demanded and required. 

Section 4. Every district fire-warden and every 
assistant fire-warden, appointed or provided for 
under the provisions of this act, shall procure, at 
his own expense, and wear and be known by, an 
appropriate badge of authority, to be approved by 
the Commissioner of Forestry, which shall be pro- 
duced and shown on all proper occasions, whenever 
demanded. 

Section 5. Whenever fire is discovered in or ap- 
proaching woodlots, forests, or wild lands, whether 
the same be owned by individuals, corporations or 
by the Commonwealth, it shall be the duty of the 
fire-warden, immediately, to take such measures as 
are necessary for the extinguishment of the fire. 
He shall have authority to employ such other per- 
sons as, in his judgment, may be necessary to 
render assistance in extinguishing fire; and when- 
ever it shall not otherwise be possible for him to 
secure a sufficient number of persons to assist in 
extinguishing fire, he is hereby given the pow^er 
and authority to compel the attendance of, and the 
rendering of assistance by, persons, in the extin- 
guishing of fire under the penalties prescribed in 
this act. The district fire-warden, while engaged 
In performing the duties imposed by this act, shall 
receive as compensation twenty-five (25c) cents per 
hour, and his actual, necessary expenses incurred; 
and the persons so employed, or compelled to assist 
the warden, in the extinguishment of fire, shall re- 
ceive as compensation for their services fifteen 
(15c) cents per hour. 

Section 6. The employes of the Department of 
Forestry shall be exofficio fire-wardens, whose 
duties and powers shall be the same as, by this 
act, are vested in the district fire-wardens ap- 
pointed by the Commissioner of Forestry; but they 



GA.ME, FISH AND FORESTRY LAWS. 



251 



shall not receive any compensation other than the 
regular pay allowed as an employe of the Depart- 
ment of Forestry, and the necessary expenses by 
them incurred in the performance of their duties 
as fire-wardens. 

Section 7. Nothing in this act shall be so con- 
strued as to relieve the owner or lessee of lands, 
upon which fires may burn or be started, from the 
duty of extinguishing such fire so far as may lie 
within his power. No such owner or lessee, nor 
any person in the employ of such owner or lessee, 
shall receive any compensation under this act for 
extinguishing fire upon the lands of such owner or 
lessee. 

Section 8. In each township and borough the 
district fire-wardens, appointed by the Commis- 
sioner of Forestry, may appoint, by and with the 
consent of the Commissioner of Forestry, suitable 
persons, to be known as assistant fire-wardens, 
who shall possess the same qualifications demand- 
ed by this act for the district fire-wardens, and who 
are hereby vested with the same power and au- 
thority. They shall receive, as compensation for 
their services so to be performed, the sum of 
twenty (20c) cents per hour, and the necessary ex- 
penses incurred in the actual performance of their 
duty. They shall make their reports to the district 
fire-warden, and be under his immediate super- 
vision and control, subject to the supervision of the 
Commissioner of Forestry. 

Section 9. Whenever a forest, woodlot or wild- 
land fire shall have been combatted or extinguish- 
ed, by the means provided for in this act, the dis- 
trict fire-warden shall prepare a correct statement, 
showing the date of the fire, the number of men 
employed to extinguish the fire, the number of 
hours each was employed, and the actual amount 
of expense incurred, verified by oath or affirmation, 
and shall forward the same at once to the Commic- 
sioner of Forestry. It shall be the further duty of 
the district fire-warden thoroughly to investigate 
the cause or origin of the fire, to collect such 
evidence as may be discovered relating thereto, 
and make a report thereon to the Commissioner 
of Forestry, together with a statement showing the 
area burned over and damage done by the fire. 



Duties and 
powers. 



Duties of 
owners and 
lessees. 



Assistant 
tire- war dens. 



Compesa- 
tion. 



Statement. 



Report- 



252 



GAME, FISH AND FORESTRY LAWS. 



Warrants. 



Vouchers. 



Auditor 

General's 

statement. 



The assistant fire-wardens shall render their aC" 
counts, under oath or affirmation, to the district 
fire-warden, who shall thoroughly investigate the 
facts therein stated, and, if he find them correct, 
shall transmit the same to the Commissioner of 
Forestry. The above reports and accounts shall be 
made upon uniform blanks to be furnished by the 
Commissioner of Forestry. 

Section 10. Upon receipt of bills for extinguish- 
ing forest fires, the Commissioner of Forestry is 
hereby authorized and directed carefully to audit 
the same. He shall not approve any bill until he 
has first satisfied himself of its correctness, and 
that the services therein claimed were actually 
rendered, or the expense actually incurred. If the 
Commissioner of Forestry approve an account so 
rendered, he shall transmit the same to the Au- 
ditor General of the Commonwealth; who shall 
first satisfy himself of its correctness, and shall 
then draw his warrant, against the fund herein- 
after appropriated to pay for the extinguishment of 
forest fires, and in favor of the respective district 
fire-wardens, as directed by the Commissioner of 
Forestry. Said warrants shall be delivered to the 
Commissioner of Forestry, for transmission to the 
district fire-wardens, who are hereby then required 
to pay the several sums so transmitted to the per- 
sons lawfully entitled there*-©, taking proper re- 
ceipts and vouchers for ear n payment so made, 
which vouchers shaH be filed with the Commis- 
sioner of Forestry. 

Section 11. At thp end of each calendar year, 
after the bill for the extinguishment of forest fires 
shall have been presented for that year, the Au- 
ditor General of the Commonwealth shall prepare a 
statement showing the expenditure made for the 
extinguishment of fires in each of the counties of 
the State, and shall transmit to the Commissioners 
of each county a copy of the statement relating to 
their respective county. The Auditor General 
shall, at the same time, state an account with each 
of the said counties, and collect from each county 
an amount equal to one-fifth of the amount ex- 
pended by the Commonwealth for the extinguish- 
ment of forest fires in that particular county. The 
county commissioners of each county shall, imme- 



GAME, FISH AND FORESTRY LAWS. 



253 



dlately upon receipt of the stated account of the 
Auditor General, forward to him for the use of the 
Commonwealth, the amount of money so found to 
be due and owing by the county for the extinguish- 
ment of forest fires. In case the said account is 
not settled within thirty days after its receipt by 
the county commissioners, the Auditor General is 
hereby authorized, empowered, and required to col- 
lect the amount of the then delinquent account 
stated, in manner provided by existing law for the 
collection of accounts due the Commonwealth. 

Section 12. The said fire-wardens shall not be 
limited in their jurisdiction, as such, to the bor- 
oughs, townships, or counties for or within which 
they may be appointed; but shall have power and 
authority to enter adjacent or other boroughs, 
townships, or counties, and there, exercise the au- 
thority and perform the duties conferred upon 
them by this act: Provided, That when, for the pur- 
pose of extinguishing fire, a fire-warden shall enter 
adjacent or other territory than that for or within 
which he shall have been appointed, the local 
warden, if present, shall be in command and direct 
the work of the various fire-fighting crews. 

Section 13. Whenever any fire-warden, or per- 
son employed by him, shall have rendered service 
in the extinguishment of fire which may have 
burned within two or more counties, the district 
fire-warden shall render to the Commissioner of 
Forestry his report, as hereinbefore required, re- 
lating to each of the said counties, in order that 
the expense of extinguishing fire may be rightly 
and properly distributed between or among the 
counties in which fire may have burned. 

Section 14. Whenever any fire-warden, by reason 
of physical disability, or unavoidable absence from 
home during the fire season, or for any good 
and suflScient cause, shall be unable to perform the 
duties required by this act, he is hereby empow- 
ered, with the consent of ^he Commissioner of For- 
estry, to employ a suitable person to act in his 
stead; which said person, so appointed, shall have 
all the qualifications demanded of the fire-warden, 
and for services so rendered, in the absence of the 
fire-warden, he shall receive the same compensa- 
tion: Provided, That the reports hereinbefore re- 



stated ac- 
count with 
counties. 



Jurisdictiun 
of waidfus. 



Proviso. 



File iu two 
or muie 
counties. 



Substitute 
wardens. 



ProvlBO. 



254 



GAME, FISH AND FORESTRY LAWS. 



Unauthorized 
services. 



Proviso. 



Personal 
liability. 



Complaints 
as to com- 
pensMtion 
allowed. 



quired to be made to the Commissioner of Forestry 
shall be made by the district fire-warden. In case 
the death of the district fire-warden should occur 
before making the report herein required, or in 
case of his total physical disability, the said report 
may be made by an assistant fire-warden, after 
first ascertaining the facts; and in making such 
examination or investigation, such assistant fire- 
warden is hereby empowered to examine persons, 
under oath or aflirmation to be administered by 
himself. 

Section 15. Whenever, in the absence of a fire- 
warden, a forest, woodlot, or wild land fire shall 
be extinguished or combatted by persons without 
first having been employed by said warden, such 
persons shall receive the compensation allowed by 
this act: Provided, That after a thorough investi- 
gation by the district fire-warden, wherein he shall 
have power and authority to examine persons 
under oath or affirmation, administered by him- 
self, he shall have ascertained, as a result of his 
investigation, the facts hereinbefore required to be 
included in his report to the Commissioner of For- 
estry, the truth of which he shall first have fully 
demonstrated to his own satisfaction: Provided 
further. That if his investigation shall disclose 
that any person, so claiming compensation, set the 
fire, or in any manner, carelesly, negligently, or 
maliciously, contributed to its burning, such per- 
son not only shall not be allowed compensation, 
but shall be proceeded against criminally, if in the 
judgment of the Commissioner of Forestry the evi- 
dence shall warrant such prosecution. 

Section 16. No fire-warden, appointed in accord- 
ance with the provisions of this act, shall be per- 
sonally liable to any person employed or required 
to combat or extinguish fire, by reason of such em- 
ployment or requirement; and no action for any 
compensation alleged or claimed to be due any per- 
son for combatting or extinguishing fire shall lie 
against such fire-warden. 

Section 17. If any person shall feel aggrieved by 
the act of any fire-warden, in allowing or disallow- 
ing any sum as compensation for extinguishing 
fires, such person may appeal to the Commissioner 
of Forestry, who will examine into the complaint. 



GAME, FISH AND FORESTRY LAWS. 



255 



After hearing the proofs and allegations of the 
parties, he shall decide as to him shall seem just 
and right, and his decision shall be final and not 
subject to review. 

Section 18. During the months of April and May 
and the period from September fifteenth to No- 
vember fifteenth, in each year, commonly called the 
fire seasons, in order to prevent fire and provide 
for its immediate suppression, the fire-wardens 
may, in the discretion of the Commissioner of For- Dally patrol, 
estry, be required to keep daily patrol in the 
regions under their care known to be especially 
hazardous or subject to outbreak of fire. For such 
services, so to be rendered, the fire-wardens, in 
addition to the compensation hereinabove allowed, 
shall be entitled to receive a stated sum, not in 
excess of twenty-five dollars per month, to be fixed 
and allowed by the Commissioner of Forestry. The 
Commissioner of Forestry shall, likewise, designate 
the fire-wardens for such continuous Gei-vice, and 
the places to be patrolled by them, as in his judg- 
ment will produce the best results in the preven- 
tion or immediate suppression of fire. All sums 
of money which may thus become duf to fire-war- 
dens for continuous patrol service, and all other 
sums of money which may be earned by them and 
others in the prevention and suppression of fire, 
shall be paid in manner hereinbefore provided, 
from the fund appropriated for the use of the fire- 
warden system created by this act. 

Section 19. Every fire-warden appointed, or so 
constituted and designated, in accordance with the 
provisions of this act, shall have the same powers 
as by existing law are conferred upon constables 
and other peace officers, to arrest on view, without 
first procuring a warrant therefor, any person de- 
tected by them in the act of committing an offence 
against any of the laws now enacted or hereinafter 
to be enacted for the protection of forests, wood- 
lots, timber or wild lands, or when they shall have 
a reasonable suspicion that any person is commit- 
ting or is about to commit some such offence. The 
said wardens shall have further power to take and 
convey the offender before a justice of the peace, 
or other magistrate having jurisdiction, for hear- 
ing, trial, or other due process of law. 



Payments. 



Powers of 
constables. 



256 



GAME, FISH AND FORESTRY LAWS. 



Failure to 

perform 

duty. 



Misde- 
meanor. 

Penalty. 



Refusal to 
aid wardens. 



Repeal. 



Section 20. If any fire-warden shall fail, or wil- 
fully or negligently refuse, to perform his duty, or 
shall render a false or fraudulent statement of 
services alleged to have been performed; or shall 
fail or refuse to pay promptly the respective 
amounts due those who have assisted in the extin- 
guishing of said fires, after said amounts have 
been transmitted to him by the Commisioner of 
Forestry; such fire-warden shall be deemed guilty 
of a misdemeanor, and, upon conviction thereof, 
shall be fined in a sum not exceeding one hundred 
dollars, or undergo imprisonment not exceeding 
three months, either or both, at the discretion of 
the court. 

Section 21. If any fire-warden, being in need of 
assistance in the suppression of fire, shall call upon 
any person to reader such assistance, and such per- 
son shall refuse to render assistance, without a 
just, fair, and legal excuse, and one which is sat- 
isfactory to the fire-warden, he is hereby declared 
to be guilty of a misdemeanor, and, upon convic- 
tion thereof, shall be sentenced to pay a fine not ex- 
ceeding fifty dollars, or imprisonment not exceed- 
ing one month, either or both, at the discretion of 
the court. 

Section 22. That the sum of eighty thousand dol- 
lars, or so much thereof as may be necessary, he 
and the same is hereby specifically appropriated, 
for the payment of the expenses which may be in- 
curred in the prevention and extinguishment of 
forest fires, in accordance with the provisions of 
this act, for the two fiscal years beginning June 
first, one thousand nine hundred and nine. 

Section 23. That all acts or parts of acts incon- 
sistent herewith be and the same are hereby re- 
pealed. 

Approved — The thirteenth day of May, Anno 
Domini one thousand nine hundred and nine, in 
the sum of $50,000. I withhold my approval from 
the remainder of said appropriation because of in- 
Buflacient State revenue. 

EDWIN S. STUART. 



GAME, FISH AND FORESTRY LAWS. 



257 



AN ACT 

To protect the State Forest Reserves, and provid- 
ing punishment for the violation thereof. 

Section 1. Be it enacted, &c.. That if any per- 
son shall wi?fully, negligently or maliciously kin- 
dle a fire upon or within any of the Forest Re- 
serves of this Commonwealth, cause a fire to burn 
thereon except in accord with such rules as may be 
prescribed by the Department of Forestry; or shall 
wilfully, negligently or maliciously set fire upon 
adjacent lands, which fire shall be communicated 
to the State Forest Reserves; such person shall be 
guilty of a misdemeanor, and upon conviction 
thereof be subject to a fine not exceeding one 
thousand dollars for each offence, or imprisonment 
not exceeding six months, either or both, at the 
discretion of the court, together with costs of suit. 

-Section 2. If any person, without the consent of 
the Commonwealth or any of her agents, shall wil- 
fully, negligently or maliciously cut bark from, or 
cut down, injure, destroy or remove, a tree or trees 
on any forest reserve of this Commonwealth, or 
shall wilfully, negligently or maliciously do or 
cause to be done any other act to the damage of 
said reserve, or the trees growing therein, such 
person shall be guilty of a misdemeanor, and upon 
conviction thereof shall be subject to a fine not 
exceeding five hundred dollars for each offence, or 
imprisonment not exceeding three months, either 
or both, at the discretion of the court, with costs 
of suit. 

Section 3. If any person shall wilfully, negli- 
gently or maliciously violate any of the rules made 
for the government of the State Forest Reserves, 
or shall cut, tear down, deface, or otherwise mu- 
tilate, injure or destroy, any of the copies of the 
rules or other notices relating to forest adminis- 
tration, which may be posted therein by the De- 
partment of Forestry or any of its officers or 
agents, such person shall be guilty of a misde- 
meanor, and upon conviction thereof shall be sub- 
ject to a fine not exceeding one hundred dollars 
jFor each offence, Or imprisonment not exceeding 

17 



Forest 
R(»serve8. 



Kindling of 
f.ie upon ©r 
within. 



Penalty. 



Injury, de- 
Btiuction or 
removal of 
trees. 



Penalty. 



Mutilation, 
destruction, 
etc., of rules 
or notices. 



Penal^. 



258 



GAME, FISH AND FORESTRY LAWS. 



Disposition 
of fines. 



"Person" 
defined. 



Repeal. 



thirty days, either or both, at the discretion of 
the court, with costs of suit: Provided, That no 
conviction shall be had for any act committed in 
violation of this section unless it shall aflfirma- 
tively appear that copies of such rules or notices 
were prominently posted in, upon or about said 
Forest Reserves. 

Section 4. All fines collected for the violation 
of any of the provisions of this act shall be paid 
to the Commissioner of Forestry, who shall pay the 
same to the State Treasurer, for the use of the 
Commonwealth. 

Section 5. The term "person," as used in this act, 
shall include not only individuals, or natural per- 
sons, but, as well, artificial persons, existing only 
in contemplation of law; and shall be construed 
to mean partnerships, limited partnerships, joint- 
stock companies, and corporations, and the officers, 
agents and employes of the same. 

Section 6. All acts or parts of acts inconsistent 
herewith are hereby repealed. 

Approved— The 5th day of May, A. D. 1911. 

JOHN K. TENER. 



National 
Forest Re- 
serves. 

The United 
States em- 
powered to 
acquire land. 
Proviso. 



AN ACT 

Empowering the United States of America to ac- 
quire land in the State of Pennsylvania for Na- 
tional Forest Reserves, by purchase or by con- 
demnation proceedings; and granting to the 
United States of America all rights necessary for 
control and regulation of such reserves. 

Section 1. Be it enacted, &c.. That the United 
States of America is hereby empowered to acquire 
by purchase, or by making adequate compensation 
under condemnation proceedings, such lands in 
Pennsylvania as in the opinion of the Federal Gov- 
ernment may be needed for the establishment of 
National Forest Reserves in this State, in ac- 
cordance with an act of Congress, entitled "An act 
to enable any State to cooperate with any other 
State or States, or with the United States, for 
the protection of the watersheds of navigable 
■treams, and to appoint a commission for the ac- 



GAME, FISH AND FORESTRY LAWS. 



259 



quisition of lands for the purpose of conserving the 
navigability of navigable rivers," approved the 
first day of March, one thousand nine hundred and 
eleven: Provided, That the approval of the State 
Forestry Reservation Commission and the Water 
Supply Commision shall be first had and obtained: 
Provided further. That if at any time in the 
future, after the establishment by the Federal 
Government of such National Forest Reserves in 
the Commonwealth of Pennsylvania, the Common- 
wealth shall desire to resume complete ownership 
and control over said lands, it may do so by ap- 
propriate legislative action, providing therein for 
the repayment to the United States of America of 
all moneys which may have been spent in acquir- 
ing lands the ownership of which is to be re- 
sumed, and interest thereon at the rate of two per 
centum per annum: And provided further, That the 
Commonwealth of Pennsylvania shall retain a con- 
current jurisdiction with the United States in and 
over such lands, so far that civil process, in all 
cases, and such criminal process as may issue 
under the authority of the Commonwealth of 
Pennsylvania against any persons charged with 
the commision of any crime, without or within 
said jurisdiction, may be executed thereon in 
like manner as if this act had not been passed. 

Section 2. That the said United States of Amer- 
ica is hereby empowered to pass such laws as it 
may deem necessary to tie acquisition of land in 
Pennsylvania, as hereinbefore provided, and for in- 
corporation of such land into said National Forest 
Reserves, as in the opinion of the Federal Govern- 
ment may be needed for this purpose. 

Section 3. That the said United States of Amer- 
ica is hereby empowered to pass such laws, and 
to make or provide for the making of such rules, 
of both a civil and criminal nature, and provide 
punishment for the violation thereof, as in its 
judgment may be necessary for the management, 
control, and protection of such lands acquired from 
time to time by the United States of America under 
the provisions of this act: Provided, however. 
That the authority hereby given shall be subject 
to all the conditions and stipulations and reserva- 
tioDS contained in this act. 



Proviso. 

Approval. 

Proviso. 



Resumptiou 
of coutroi by 
tlie State. 



Concurrent 
jurisdiction. 



United 
States'Iaws. 



Proviso. 



260 



GAME, PISH AND FORESTRY LAWS. 



state Forest 
Reserves. 



Act con- 
strued. 



Section 4. That this act shall not confer power 
to condemn land now held or hereafter to be ac- 
quired by Pennsylvania as and for a State Forest 
Reserve. 

Section 5. Nothing in this act shall be con- 
strued to repeal or invalidate or in any way affect 
the provisions of an act of Assembly, approved the 
twenty-second day of April, one thousand nine 
hundred and five, entitled "An act to preserve the 
purity of the waters of the State, for the protec- 
tion of the public health," or the provisions of an 
act, approved the twenty-seventh day of April, one 
thousand nine hundred and five, entitled "An act 
creating a Department of Health, and defining its 
powers and duties," or the provisions of an act, 
approved the fourteenth day of May, Anno Domini 
one thousand nine hundred and nine, entitled "An 
act to safeguard human life and health through- 
out the Commonwealth by providing regulations 
for the control of certain communicable diseases 
and the prevention of infection therefrom, and 
prescribing penalties for the violation of said 
regulations." 

Approved— The 11th day of May, A. D. 1911. 

JOHN K. TENER. 



Trees. 

Wilful and 
malicious in- 
jury. 



Penalty. 



AN ACT 

For the protection of shade- and fruit-trees grow- 
ing on or along any highway, street, or road. 

Section 1. Be it enacted, &c.. That any person 
who shall wilfully and maliciously club, stone, cut. 
break, climb upon, injure, or destroy any shade- 
tree or any fruit-tree, growing on or along any 
street, road, or other highway, shall be guilty of a 
misdemeanor; and upon conviction thereof, before 
any alderman, magistrate, or justice of the peace, 
shall be sentenced to pay a fine not exceeding ten 
dollars, or to undergo an imprisonment in the jail 
of the proper county not exceeding five days, or 
both, at the discretion of the alderman, magistrate, 
or justice. 

Approved— The 7th day of June, A. D. 1911. 

JOHN K. TENER. 



GAME, FISH AND FORESTRY LAWS. 



Ml 



AN ACT 

Authorizing and empowering the Department of 
Forestry to grant rights of way through State 
lands. 

Forest r6~ 

Section 1. Be it enacted, &c.. That the Depart- serves, 
uient of Forestry of the State of Pennsylvania be, 
and they are hereby, authorized and empowered to nights of 
grant rights of way through forestry reservations ^•'^y- 
to individuals or corporations, who may apply 
therefor, when it shall appear to the said Depart- 
ment of Forestry that the said rights of way will 
not interfere with the use of said reserves, and 
when it shall further appear that the interests of 
the Commonwealth, or of its citizens, will be pro- 
moted thereby. . 

Approved— The 8th day of June, A. D. 1911. 

JOHN K. TENER. 



AN ACT 

To protect trees and woodlands, and providing pun- 
ishment for the violation thereof. 

Section 1. Be it enacted, «S;c., That if any per- Trees and 
son shall wilfully, negligently, or maliciously set woodlands. 
on fire, or cause to be set on fire, any woodlands 
within this Commonwealth, or shall directly or in- 
directly, without the consent of the owner, cause 
fire to burn therein; or shall wilfully, negligently, 
or maliciously set fire upon adjacent lands, which 
fire shall be communicated to woodlands; such per- 
son shall be guilty of a misdemeanor, and on 
conviction thereof be fined not exceeding one thou- 
sand dollars for each offense, or imprisonment not 
exceeding six months, either or both, at the discre- 
tion of the court, together with costs of suit. 

Section 2. If any person shall wilfully, negli- 
gently, or maliciously cut bark from, or cut down, ^^i^^J: ^^- 
injure, destroy, or remove a tree or trees growing removal" of"^ 
or standing upon the land of another, without the trees, 
consent of the owner; or shall wilfully, negligently, 
or maliciously do or cause to be done any other 



262 



GAME, FISH AND FORESTRY LAWS. 



Penalty. 



Unlawful 
puicliase, etc 



Penalty. 



Double 
damages. 



Treble 
damages. 



Retaking of 
property. 



Refusal. 



act to the damage of said land or the trees grow- 
ing thereon; such person shall be guilty of a mis- 
demeanor, and on conviction thereof shall be fined 
not exceeding five hundred dollars for each offense, 
or imprisoned not exceeding three months, either 
or both, at the discretion of the court, together 
with costs of suit. 

Section 3. If any person shall purchase or re- 
ceive a tree or trees, knowing the same to have 
been cut or removed Avithout the consent of the 
owner thereof; or shall purchase or receive any 
logs, planks, boards, staves, shingles, or other lum- 
ber, made from such trees so cut or removed, and 
knowing the same to have been so cut and made 
without such consent; such person shall be guilty 
of a misdemeanor, and upon the conviction thereof 
shall be subject to the punishment provided in 
section two of this act. 

Section 4. If any person shall wilfully, negli- 
gently or maliciously cut down or fell, or employ 
any person te cut down or fell, a tree or trees 
growing upon the land of another, without the 
consent of the owner, such person shall be liable 
to pay to the owner double the value of such trees 
so cut down or felled, and in case of the removal 
from the land where grown, and the conversion 
thereof, treble the value, to be recovered in an 
appropriate action, with costs of suit; and no pro- 
secution under any other section of this act shall 
be a bar to the recovery of damages under this 
section; and, in addition to the remedy for re- 
covery of damages herein provided, the owner 
of such trees may follow the same and 
retake them from the possession of any 
person, and wheresoever they may be identified 
and found; as well as, in the same manner, retake 
all material into which said trees may have been 
converted, wherever the same may be identified 
and found; and without any liability on the part 
of said osvner for the retaking of his own property 
and restoring the same to his own possession. If 
the person in whose possession such trees or ma- 
terials may be found shall refuse to surrender 
or deliver the same to the owner thereof, after 
due proof of ownership shall have been made, such 



GAME, PISH AND FORESTRY LAWS. 



293 



person shall be equally guilty of misdemeanor, Penalty, 
and upon conviction thereof subject to the pun- 
ishment provided in section two of this act. 

Section 5. The term "person" as used in this act, "person" 
shall include not only individuals or natural per- defined, 
sons, but as well artificial persons, existing only 
in contemplation of law, and shall be construed to 
mean partnerships, limited partnerships, joint- 
stock companies and corporations, and the ofBcers, 
agents, and employes of the same. 

Section 6. The term "woodlands," in this act, is 
intended to include, and shall be construed to 
mean, woods, farmers' woodlots, marshes, moors, 
brush, barrens, brush lands, and wild, unseated 
uncultivated land. 

Section 7, All fines which shall be collected or 
paid under this act shall be remitted at once to the 
treasurer of the county wherein the same shall be 
collected or paid, to become a part of the general 
fund of the county. 

Section 8. All acts or parts of acts inconsistent 
herewith are hereby repealed. 

Approved — The 9th day of June, A. D. 1911. 

JOHN K. TENER. 



"Woodlands" 
defined. 



Fines. 



Repeal. 



AN ACT 

Providing for a commission to examine and report 
on the propriety of the purchase by the Com- 
monwealth of a certain tract of land in Jeffer- 
son, Clarion, and Forest counties, and making 
an appropriation therefor. 

Section 1. Be it enacted, &c., That the Governor 
is hereby directed to appoint a commission, to con- 
sist of three persons, whose duty it shall be to 
make a personal investigation and examination of 
a certain tract of land in the counties of Jefferson, 
Clarion, and Forest, now owned by A. W. Cook 
and others. Such examination and investigation 
shall be for the purpose of determining the pro- 
priety of the purchase of said tract by the Com- 
monwealth as a State Park and forest reserve. 
Said commission shall consist, so far as practica- 
ble, of persons experienced in forestry, and shall 



264 



GAME, PISH AND FORESTRY LAWS. 



serve without compensation other than their trav- 
eling expenses actually and necessarily incurred 
in the performance of their duties. After the com- 
mission shall have made a complete and thorough 
examination of said tract it shall report thereon, 
in writing, to the (Jovernor, giving a description 
of said tract; and stating whether, in its judgment, 
said tract should he purchased by the Common- 
wealth, and the fair value of same. It shall make 
such other recommendations as it may deem pro- 
per, or as the Governor may require. 

Section 2. For the purpose of carrying out the 
intent of this act the sum of three hundred dollars, 
or so much thereof as may be necessary, is hereby 
specifically appropriated. All payments shall be 
made on warrants of the Auditor General, on 
vouchers of the commission prescribed by said 
Auditor General. 

Approved— The 14th day of June, A. D. 1911. 

JOHN K. TENHR. 



Chestnut-tree 
blight. 

Tho Commis- 
sion. 



Powers. 



AN ACT 

To provide efficient and practical means for the 
prevention, control, and eradication of a disease 
affecting chestnut-trees, commonly called the 
chestnut-tree blight; providing for the destruc- 
tion of trees so affected; creating a commision to 
carry out the purpose of this act; fixing penal- 
ties for violation of the provisions hereof; and 
making an appropriation therefor. 

Section 1, Be it enacted, &c.. That a commission, 
to consist of five members, to be appointed by the 
Governor for a period of three years from the date 
of the approval of this act, and to be called "The 
Commission for the Investigation and Control of 
the Chestnut-Tro© Blight Disease in Pennsylvania," 
is hereby created, with power to ascertain, deter- 
mine upon, and adopt the most efficient and practi- 
cal means for the prevention, control, and eradica- 
tion of a disease of the chestnut-tree, commonly 
known as the chestnut-tree blight disease; and for 
this purpose, in sollaboratlon with the Department 



GAME, FISH AND FORESTRY LAWS. 



265 



of Forestry, or otherwise, to conduct scientific in- 
vestigations into tlie nature and cause of such dis- 
ease and the means of preventing its introduc- 
tion, continuance, and spread; to establiih, regu- 
late, maintain, and enforce quarantine against the 
introduction and spread of such disease; and, from 
time to time, to adopt and prescribe such regula- 
tions and methods of procedure as to it may seem 
necessary and proper for carrying into effect the 
purpose of this act, and exercising the powers and 
authority hereby conferred: Provided, That in the 
work of collaboration by the commission with the 
Department of Forestry, said department may 
employ such means, and make detail of such men, 
and do such other things, as may seem to be neces- 
sary or expedient to accomplish the purpose of 
this act. 

Section 2. Any member of the commission, or 
any of its duly authorized agents or employes, 
sjhall have the right, at any time, to enter upon any 
premises, wild lands, farms, fields, private grounds, 
and inclosures, for the purpose of examining into 
the condition of any chestnut-tree or trees thereon, 
and determining whether or not such trees, or 
any of them, have been attacked or infected by 
the chestnut-tree blight; and whenever this dis- 
ease is found to exist, such commissioners, their 
duly authorized agents and employes, shall, in all 
practicable ways, cooperate with the owners of 
such trees in and for the removal, care, control, 
and eradication of such disease, and the prevention 
of its spread to other chestnut-trees upon adjoin- 
ing and other properties; shall specifically advise 
and direct such owner how he shall proceed for the 
accomplishment of these ends; and shall leave 
wit^ such owner, his agent, tenant, or other repre- 
sentative having charge of such trees, a notice, in 
writing, containing a description or plan specifi- 
cally designating the trees so found to be dis- 
eased, and full and specific instructions for the 
treatment of such trees, or for the removal and 
destruction of designated parts thereof or of an 
entire tree or trees, as the case may require. 

Section 3. If any owner of such trees, so found 
to be diseased by the said commission, its duly 
authorized agents or employes, shall neglect or re- 



Regnlntinns. 
and methods. 



Proviso. 

Department 
of Forestry. 



Right of 
entry. 



Co-op* ration 
with owners. 



Advice and 
directions. 



Notice to 
owner. 

Plan. 



Neglect or 
refusal of 
owner. 



266 



GAME, FISH AND FORESTRY LAWS. 



Duty of tlie 
couimlssiou. 



Certificate. 
Costs. 



Recovery of 
expense. 



Proviso. 



Appeal. 



fuse to cooperate in applying the necessary reme- 
dies for the removal, cure, control, and eradica- 
tion of such disease, and the prevention of its 
spread to other chestnut-trees upon adjoining and 
other properties, or shall neglect or refuse to com- 
ply with the requirements of the notice aforesaid, 
prescribing the treatment which shall be applied 
to such trees, so found to be diseased, Avithin 
twenty days from the time such notice shall have 
been served, the said commission may at once 
proceed through its duly authorized agents and 
employes, to do whatever may be found by it to 
be necessary and proper to accomplish the cure, 
control, or eradication of such disease, and the 
prevention of its spread to other chestnut-trees; 
and for this purpose, whenever it may be found 
necessary, may remove, cut down, and destroy, or 
cause to be removed, cut down, or destroyed, any 
trees or parts of trees so found to be infected with 
such disease; and shall immediately thereafter 
duly certify to the owner of such trees, so treated 
or destroyed, or to his tenant, agent, or other rep- 
resentative in charge of such trees, the amount of 
the cost or expenses actually incurred by the com- 
mission in the treatment, removal, or destruction 
of such trees; and if the amount of such expense, 
so certified, shall not be paid by such owner of 
said trees, so treated, removed, or destroyed, 
within sixty days after it shall have been so cer- 
tified, the same may be recovered by the said 
commission, from such owner, by an action in the 
name of the Commonwealth, in the same manner 
as debts of like amount are now recoverable, and 
when recovered may be used by said commission 
in carrying out the purposes of this act: 

Provided, however, That any owner or owners of 
trees, his or their tenants, agents or representa- 
tives, who may be dissatisfied with any decision, 
order, or notice of any member of the commission, 
or any of its agents or employes, directing or pre- 
scribing the treatment, removal, or destruction of 
trees belonging to or controlled by them, shall have 
the right within ten days from the time of the ser- 
vice upon them of such order or notice to appear 
therefrom, in writing, to the commission, which 
shall thereupon, without avoidable delay, direct a 



GAME, FISH AND FORESTRY LAWS. 



267 



Quarautine. 



Damages. 



Payment. 



re-examination of the premises or trees in question, 

by competent experts, who shall make report of 

their findings to the commission; which shall then Hearing 

fix a time and a place for a hearing before it, upon 

such appeal, and notify the person making appeal 

thereof. All further proceedings under such order 

or notice shall be suspended until the decision of 

the commission shall have been formally rendered. 

Section 4. Whenever, in the judgment of the 
commission, it may be necessary to destroy chest- 
nut-trees not affected by the chestnut-tree blight, 
for the purpose of establishing a quarantine to pre- 
vent and control the spread of the disease, the 
owner of such trees shall be reimbursed for the 
loss of all the good and unaffected trees so de- 
stroyed; the amount to be paid therefor to be not 
greater than the stumpage price of such trees, 
prevailing at the time in the locality where such 
trees grew; such value to be determined by the 
commission, by such method or procedure as it 
may adopt, and payment therefor to be made from 
the fund hereinafter specifically appropriated for 
the use of the said commission in performing the 
duties required by this act. Should any owner 
of trees be dissatisfied with the amount awarded 
to pay for the destruction of such good and un- 
affected trees, said owner shall have all the reme- 
dies now existing, or which may hereafter be pro- 
vided by law, for the protection of his interest. 

Section 5. Any person who shall wilfully violate 
any of the provisions of this act, or any of the violations 
regulations of the commission intended to assist 
in carrying this act into effect, or shall wilfully 
resist or interfere with any agent or employe of the 
said commission, under the provisions hereof, shall 
be deemed guilty of misdemeanor, and shall upon 
conviction thereof be punished by a fine not ex- 
ceeding one hundred dollars, or by imprisonment 
not exceeding one month, either or both, at the 
discretion of the court. The word "person," as 
used in this act, shall include not only individuals 
or natural persons, but as well artificial persons, 
existing only in contemplation of law, and shall be 
construed to mean partnerships, limited partner- 
ships, joint-stock companies, and corporations, and 
the officers, agents, and employes of the same. 



Penalty. 



"Person" 
defined. 



268 



GAME, FISH AND FORESTRY LAWS. 



Rooms. 

Appropria 
tlon. 



Employes. Section 6. The members of the commission shall 

serve without pay, but shall be reimbursed for all 
actual expense incurred by them in exercising the 
rt^^^^T, ti powers conferred upon them and performing the 
compensation ^j^ties required by this act. The employes of the 
commission shall receive such compensation for 
their services as the commission shall determine 
will fairly compensate them for the work to be 
done. The commission shall be furnished with 
suitable rooms in the Capitol building at Harris- 
burg, or elsewhere, by the Superintendent of Public 
Grounds and Buildings. The sum of twenty-five 
thousand dollars is hereby specifically appro- 
priated, to be immediately available upon the ap- 
proval of this act, for the payment of such ex- 
pense as may be incurred by the commission, for 
such scientific research and for office expenses, as 
in their judgment may be necessary to comply with 
the provisions hereof, said appropriation to be 
available until the first day June, Anno Domini, 
one thousand nine hundred and thirteen; and the 
further sum of two hundred and fifty thousand dol- 
lars, or so much thereof as shall be necessary, is 
hereby specifically appropriated, to be available 
only upon the approval of the Governor, for the 
performance of all other duties herein required to 
be done; as, for quarantine, removal of diseased 
trees or other trees, conducting outside investiga- 
tions and operations, and every other means of 
eradication and control, as it may seem necessary, 
in complying with the provisions hereof. 

Section 7. All acts or parts of acts inconsistent 
herewith are hereby repealed. 

Approved— -The 14th day of June, A. D. 1911. 

JOHN K. TENER. 



Appropria- 
tion, 



GAME, FISH AND FORESTRY LAWS. 269 



RULES FOR THE GOVERNMENT OF THE STATE FOREST 

RESERVES. 

1. The game, fish, and forest laws of the State must not be 
violated. 

2. Birds' nests must not be destroyed or in any other man- 
ner interfered with. 

3. Open camp fires or other fires must not be made, except 
in a hole or pit one foot deep, encircling the pit so made by 
the earth taken out. 

4. Every camp fire or other open fire must be absolutely 
extinguished before the last member of the party using it 
leaves the locality. 

5. Lighted matches, cigars, cigarettes, or hot ashes from 
pipes must not be thrown upon the ground. In every case 
they must be allowed to burn out or be otherwise extin- 
guished. 

6. Living trees must not be cut down or injured in any 
manner. Dead and down timber may be used for camp fires. 

7. No person will be permitted to erect a camp who has not 
promised in writing to obey the camping rules and received 
a camping permit. When requested, every camping party, 
before selecting a camp site or pitching a camp, must report 
to a forest officer on the Reserve, who will assign a suitable 
camp site within the region where it is desired- to locate. No 
camping party shall consist of more than ten person at one 
time. Permits will be granted for a period of three weeks 
only. 

8. Every person receiving a camping permit must report to 
the Commissioner of Forestry at Harrisburg, any violation of 
law or of the rules for the government of the State Forest 
Reserves, coming under his observation. 

9. No permanent camp or other permanent structure may be 
erected within the Reserve. 

10. The pre-emption of any ground as a special camp site to 
the exclusion of others who may desire to camp near, and who 
have permission to camp within State Forest Reserves, will 
not be permitted. 

11. All persons who desire to picnic within the State Forest 
Reserves, remaining for a less time than a day, and not over 
night, are not regarded as campers and will not be required to 
procure a camping permit, but will be governed in all other 
respects by these rules. 



270 GAME, PISH AND FORESTRY LAWS. 

12. During the open deer season in each year, no dog of any 
description shall be used for hunting purposes within the 
State Forest Reserves, nor shall any dog during the period be 
taken by hunters into camps on said lands. 

13. The making of fires by hunters who stand on deer or 
other "runways" is forbidden. 

14. The placing of advertisements within the State Forest 
Reserves is prohibited. 

15. Forest Officers are required to remove immediately from 
State Forest Reserves all persons who take deer running dogs 
(hereon, and to kill the dogs when found in pursuit of deer. 
They are also required to remove therefrom all persons w^ho 
do not properly guard their camp or other fires so as to pre- 
vent destruction of State property by the starting of general 
forest fires, and campers who do not have proper camping per- 
mits. 

16. All persons who desire to camp within the State Forest 
Reserves must first apply to the Commissioner of Forestry. 
A blank application containing an abstract of the rules for the 
government of campers will be forw^arded to the applicant, 
who must sign and return the same to the Commissioner. If 
in proper form, in the absence of other objections, a permit 
will then be granted. 

17. All grazing of horses, cattle, sheep, and hogs within the 
State Forest Reserves is prohibited, except under direction of 
the Commissioner of Forestry. 

18. The breaking of trees or shrubbery or the pulling up of 
small trees is prohibited except for botanical purposes, for 
which a permit may be procured from the Commisioner of 
Forestry. 

TAKE NOTICE THAT 

Persons who violate the laws or any of the above rules will 
subject themselves to immediate arrest without warrant, to be 
dealt with according to law; and may be denied all future 
privileges of camping, hunting, or fishing within the State 
Forest Reserves. 

All State Forest Officers, without first procuring a warrant, 
are vested by Act of Assembly with power to arrest on view 
all persons detected by them in the act of trespassing upon 
forest or timber lands within the Commonwealth, under such 
circumstances as to warrant the reasonable suspicion that 
such persons have committed, are committing, or are about to 
commit some offense against any of the laws now enacted of 
hereafter to be enacted for the protection of forest and tlm- 



GAME, FISH AND FORESTRY LAWS. 271 

ber lands. They are likewise vested with similar powers of 
arrest in the case of offenses against these Rules, or for of- 
fenses committed against the laws for the pi'otection of the 
fish and game found within the State Forest Reserves. 

COMMISSIONER OF FORESTRY. 



SUGGESTIONS FOR ORGANIZATION OF GAME, FISH, 
AND FORESTRY ASSOCIATIONS. 



CONSTITUTION. 

Article I. 

The name of this association shall be 

Article II. 

Any reputable, law abiding person shall be eligible to mem- 
bership herein who shall be, etc. 

Article III. 

The officers of this association shall consist of a President, a 
Vice President, a Secretary, and a Treasurer who together 
with five other members of this Association, to be elected by 
the association, shall compose the Executive Committee during 
the year of their election. 

Article IV. 

The Executive Committee shall have full charge of the busi- 
ness of this association, shall receive and investigate all com- 
plaints coming to them of violations of the forestry, the game, 
or the fish laws, and at once prosecute or, through the Secre- 
tary, notify the Commissioner of Forestry, the Commissioner 
of Fisheries, or the Secretary of the Game Commission at Har- 
risburg, as the case may be. 

Article V. 

Five of this committee shall constitute a quorum for the 
transaction of business and shall meet at least once a month. 



272 GAME, FISH AND FORESTRY LAWS. 

Article VI. 

This association shall hold two regular meetings, to be held 
on the day of and the day of 

and such other special meetings as may be called by the Presi- 
dent or a majority of the Executive Committee. 

Article VII. 

This organization is formed for the protection and preserva- 
tion of our forests, the protection of game, of song and in- 
sectivorous birds, and of fish; for aiding in the enforcement of 
the laws of this Commonwealth governing the same, and to 
unite the efforts and influence of all law abiding citizens 
within the State; and in securing such future legislation upon 
these subjects, as may be considered best suited to advance 
the interests of the people of the Commonwealth at large. 

With this object in view we hereby pledge ourselves not 
only to obey the laws of the Commonwealth pertaining to 
these subjects, but to use our influence to have others obey 
them. We agree to report to the Secretary of this oignni/a- 
tion the name of any individual who may to our knowledge 
violate these laws, or any of them, and if need be to testify 
against such person to secure his conviction. 



GAME, FISH AND FORESTRY LAWS. 278 



AN ANALYSIS AND SUMMARY OF THE ACTS OF ASSEM- 
BLY OF THE STATE OF PENNSYLVANIA RELATING 
TO FORESTS AND FORESTRY. 



By I. C. Williams, Esq., Deputy Commissioner of Forestiy. 



(Where penalties are herein referred to, the maximum penalty 
is given, unless otherwise mentioned.) 

Acts prohibited -upon forest or timber lands. 
See trees, fires, timber, landmarks. 

Annual fixed charge upon forestry reserves for school and road 
purposes in lieu of taxes provided for by appropriation. 
Act of May 13, 1909, page 248 and April 5, 1905, page 228. 

Appalachian forest reserve may be established partly in this 
State 
Act of May 11, 1911, page 258. 

Arrest of persons reasonably suspected of violating or being 
about to violate the forest and timber laws, may be made 
on view and without a warrant. 
Act of April 29, 1897, page 215. 

Auditor General may refuse to pay share of State aid for 
county detectives where arrests and convictions are ob- 
tained by detectives appointed by the Commissioner of 
Forestry. 
Act of May 2, 1901, sec. 2, page 223. 

Blight, chestnut, to be eradicated by a Commission with 
plenary power. 
Act of June 14, 1911, page 264. 

Boroughs may require the planting of shade trees along pub- 
lic streets. 
Act of June 17, 1901, page 223. 

Borougks may impound water on reservations for borough 
purposes. 
Act of April 14, 1905, page 230. 

18 



274 GAME, PISH AND FORESTRY LAWS. 

Camping permit required, rule 7, page 269. 
Charge of 2 cents per acre for schools and roads to be made 
annually in favor of townships wherein lie forest reserves. 
Act of April 5, 1905, page 228. 
Act of May 13, 1909, page 248. 

Chestnut tree bark disease to be eradicated or controlled by a 
Commission with plenary power. 
Act of June 14, 1911, page 264. 

Commissioner of Forestry is President and executive officer of 
the Commission and Superintendent of the Reservations, 
he shall have immediate control and management of reser- 
vations, and enforce flsh and game laws thereon; he shall 
encourage forestry, obtain and publish information relat- 
ing to forest lands and enforce all laws for forest protec- 
tion; he may employ detectives, upon approval of the Gov- 
ernor and the Commission. (See also, "Department of For- 
estry.") 

Act of February 25, 1901, sec. 3, page 219. 
he shall receive a salary of $3,000 per annum and all neces- 
sary expenses of ti-avel in discharge of his (hities, other 
members of the Commission shall receive no salary but 
shall be reimbursed for the necessary expenses of their 
office. 

Ibid., see 4, page 220. 

he shall have an office at the State Capitol and shall be 
provided with the necessary accommodations and supplies 
for use of his Department. 
Ibid., sec. 5, page 220. 

he shall receive all moneys from the sale of timber or 
minerals, pay the same over to the State Treasurer, and 
give his bond with two sureties approved by the Governor 
in the sum of $10,000. 
Ibid., sec. 9, page 221. 

he shall establish and provide instruction for Forest War- 
dens in a School of Forestry at Mont Alto. 
Act of May 13, 1903, page 228. 

Commission, State Forestry Reservation: See "Department of 
Forestry." Page 275. 

Cook Estate, purchase of lands belonging to, for State Park. 
Act June 14, 1911, page 263. 

County Commissioners, who, after being called upon by the 
Commissioner of Forestry, shall fail to appoint detectives 
to ferret out and bring to punishment those who fire tim- 



GAME, FISH AND FORESTRY LAWS. 275 

ber lands, shall be guilty of a misdemeanor in office, and 
on conviction thereof, shall pay a fine of $100 or suffer an 
imprisonment of two years or both. 
Act of June 2, 1870, sec. 1, as amended by act of July 15, 
1897, page 215. 

County may forfeit share of State's aid for pay of detectives, 
if arrests and convictions for kindling fires are obtained 
by detectives appointed by the Commissioner of Forestry, 
Act of May 2, 1901, sec. 2, page 223. 

County treasurers, advertising unseated lands for sale for un- 
paid taxes, shall publish a notice of sale once a week for 
six weeks, and notify the Commissioner of Forestry. 
Act of March 30, 1897, page 212. 

Damages for injuries to trees along highways and on adjacent 
lands, may be recovered from telephone, telegraph, and 
electric light companies. 
Act of June 2, 1891, page 211. 

Department of Forestry: A Commissioner of Forestry and 
four other citizens shall constitute the State Forestry Res- 
ervation Commission. They shall be appointed and com- 
missioned by the Governor by and with the advice and 
consent of the Senate, for a term of four years. They 
have power to purchase suitable lands for forest preser- 
vation, limited to a price not in excess of $5 per acre; to 
control and manage the lands so purchased as well as 
those of prior purchase; to make rules and regulations 
for the control, management, and protection of reserva- 
tions; to sell and dispose of timber on forest lands on 
terms most advantageous to the State; to make and ex- 
ecute contracts or leases in the name of the Common- 
wealth for mining or removal of valuable minerals on 
reservations, after approval by the Governor and notice 
for one month by advertising, the contracts and leases to 
be awarded to the highest bidder, who shall give bond in 
amount to be designated by the Commission, and to be 
approved by the court of the county wherein the contracts 
or leases are made; one-half the net revenue derived from 
such contracts and leases to be paid to the respective 
township treasurers, provided this amount do not exceed 
twice the amount of taxes which would have been derived 
from such lands if owned by individuals. 

Act of February 25, 1901, sec. 1, page 217. 
may grow and distribute seedling trees at cost. 

Act of April 22, 1909, page 241. 



276 GAME, FISH AND FORESTRY LAWS. 

may grant rights of way through reserves. 
Act June 8, 1911, page 261. 
Damaging road side trees prohibited. 

Act of April 1, 1909, page 238. Act July 2, 1901, page 224. 
Act June 7, 1911, page 260. 
Detectives to ferret out and bring to punishment persons firing 
timber lands shall be appointed by the county comniission- 
ers. The expense of such employment shall be paid, one- 
half by the county and one-half by the State; which, for 
the State, shall not for a single county in amy one year 
exceed $500. 

Act of June 2, 1870, sec. 1, as amended by act of July 15, 
1897, page 215. 

Diaporthe parasitica, a fungous disease of the bark of the 
chestnut tree, to be eradicated or controlled by a com- 
mission with plenary power. 
Act of June 14, 1911, page 264. 
Diseases of the chestnut tree. See above. 
Electric light companies may be compelled lo pay damages for 
injuries to trees along highways and adjacent lands. 
Act of June 2, 1891, page 211. 

Employes of the Department of Forestry are ex-officio fire 
wardens. 
Act of May 13, 1909, page 250. 

Estrepement may issue to prevent further cutting of timber 
by a tenant in common. 
Act of May 4, 1869, sec. 3, page 210. 
Fines, disposition of: When collected for violation of laws 
for protection of Forest Reserves, are payable to State 
Treasurer. 
Act of May 5, 1911, page 258. 
Fires: Setting fire on State Forest Reserves prohibited un- 
der penalty of one thousand dollars fine or imprisonment 
of six months. 
Act May 5, 1911, page 257. 

setting fire to private woodlands punishable by same pen- 
alty. 
Act June 9, 1911, page 261. 
Fires: When county commissioners fail to appoint persons 
to ferret out and bring to punishment persons who wil- 
fully or otherwise cause the burning of timber lands, the 
Commissioner of Forestry may, on request of the residents 
of a county where fires have occured, appoint detectives 



GAME, FISH AND FORESTRY LAWS. 277 

and employ attorneys to ferret out and bring to punish- 
ment those who kindle such fires; all expenses thereof to 
be paid by the State Treasurer after approval by the Gov- 
ernor and Commissioner of Forestry. 
Act of May 2, 1901, sec. 1, page 222. 
Fires- In regions where there are oil or gas-wells, fires shall 
be kindled only in accordance with directions of act ot 
June 12, 1907, page 235. 
Fires: Debris must be removed from such lands at least once 
a year. 
Ibid, page 236. . 

Fires- Every railroad company must remove debri3 from 
right of way through such lands, must provide spark ar- 
resters, and sufficient trackmen to extinguish fires. 
Ibid., page 237. 
Fire wardens, new system of established. 

Act of May 13, 1909, page 249. 
Fire wardens, district, may have assistant wardens and com- 
pel persons to assist in extinguishing fares. 
Act of May 13, 1909, page 251. 
Fire wardens aro punishable for neglect of duty. 

Act of May 13, 1909, page 256. 
Floods, destructive; prevention of. 

See "Unseated Lands." Page 282. 
Forestry Department: See "Department .f^/oy^^stjyA'' f. „.„ 
Forestry Reservation Commission is limited to $300,000 per 
year for purchase of lands. All proceeds derived from 
reservation lands shall become a special fund to be used 
in defraying expenses of improvement and protection ot 
such lands, or for purchase of additional lands. 
Act of April 15, 1903, page 227. 
Forer,try school established at Mont Alto for the instruction 
of Forest Wardens. 
Act of May 13, 1903, page 228. 
Forests, municipal, established. 

Act of April 22, 1909, page 241. 
Fruit trees along a street, road, or highway are protected un- 
der penalty of ten dollars fine or five days imprisonment. 
Act June 7, 1911, page 260. » 

Fungous disease of the chestnut tree to be eradicated or con- 
trolled by a commission with plenary power. 
Act June 14, 1911, page 264, 



278 GAME, PISH AND FORESTRY LAWS. 

Jury of view may be appointed to assess damages suffered 
from cutting trees by telephone, telegraph and electric 
light companies. 
Act of June 2, 1891, page 211. 
Land, vacant or unappropriated. See "Title." 
Landmarks, boundary trees, etc. See "Trees." 
Lands purchased by the Commission shall be paid for by the 
State Treasurer on warrant of the Auditor General upon 
vouchers approved by the Commission and the Governor. 
Act of February 25, 1901, sec. 7, page 220. 
Municipal forests established. 

Act of April 22, 1909, page 241. 

National forests are permitted in this State by Act of May 11, 
1911, page 258. 

Navigable rivers, beds of, no further warrants for. 
Act of May 3, 1909, page 247. 

Oil and gas-well lands: Regulations concerning use of fire 
on. 
Act of June 12, 1907, page 235. 

Owner of land may recover no compensation for fighting fire 
on his own land. 
Act of May 13, 1909, page 251. 
Park, State: Cook Estate lands to be examined looking to 
future purchase for. 
Act June 14, 1911, page 263. 
Permit, camping, required, rule 7, page 269. 
Person in forest law means an individual, partnership, limited 
partnership, joint stock company, a corporation, and the 
officers, agents, and employer, of the same. 
Act of May 5, 1911, page 258. Act June 9, 1911, page 
263; 267. 
Persons employed by the Commissioner of Forestry; made 
ex-officio fire wardens by act of May 13, 1909, page 250. 

Purchasing timber knowingly, illegally cut from land of 
another is a misdemeanor. 
Act June 9, 1911, page 262. 

Railroads must equip engines with spark arresters and main- 
tain right of way through oil and gas lands free of 
debris. 
Act of June 12, 1907, page 237. 

Reserve, Appalachian or National, may be established in this 
State. 
Act May 11, 1911, page 258. 



GAME, FISH AND FORESTRY LAWS. 279 

Reserve, State Forest. Annual charge of 2 cents per acre for 
schools and roads, to be paid township and school dis- 
tricts. 
Act of April 5, 1905, page 228. 

Act of May 13, 1909, page 248. 
Fires prohibited. 

Act of May 5, 1911, page 257. 

Rights of way through State forest reserves may be granted 
by the Department of Forestry. 
Act June 8, 1911, page 261. 

Rivers, beds of navigable. No further warrants for. 
Act of May 3, 1909, page 247. 

Roads in forest reserves, regularly established, running into, 
through, or along said lands, may be maintained, repaired, 
or extended by the Commission, at an expense of not more 
than $25 per mile for those wholly on reservations, and at 
the expense of $12.50 per mile for those bordering reser- 
vations. 
Act of February 25, 1901, sec. 8, page 221. 

Road tax fund: See "Reserves." 

Rules for the government of the State Forest Reserves,- page 
269. 

Posting of antecedent to conviction for violation of. 

Act of May 5, 1911, page 258. 
Fine or imprisonment for violation of. 
Ibid page 257. 
School of Forestry established at Mont Alto for the instruc- 
tion of Forest Wardens, or foresters for State work. 
Act of May 13, 1903, page 228. 
Schools: See "Forestry School." 
Schools, fixed charge on land for two cents per acre. 

Act of May 13, 1909, page 248. 
Seedling trees for forest planting may be grown and distrib- 
uted by the Department. 
Act of April 22, 1909, page 241. 
Shade trees may be required to be planted along public streets 
in boroughs. 
Act of June 17, 1901, page 224. 
Shade Tree Commission: May be appointed in cities, bor- 
oughs, and first class townships; has absolute control over 
trees on public highways; cost of planting is chargeable 



280 GAME, FISH AND FORESTRY LAWS. 

to the owner of the adjacent real estate; cost of main- 
tenance paid by general tax; may employ assistants and 
laborers. 
Act of May 31, 1907, page 230. 
Shade trees along street, road, or highway are protected un- 
der penalty of ten dollars fine or five days imprisonment. 
Act June 7, 1911, page 260. 
State Park: Cook Estate lands to be examined looking to 
future purchase for. 
Act June 14, 1911, page 263. 
Street railway companies may be authorized by the Commis- 
sion to construct, maintain, and operate lines of railway 
over, along, and upon public highways laid out and in 
actual use, lying within or bordering forest reservations, 
when such reservations will be benefited thereby. 
Act of April 15, 1903, page 226. 
Taxes on forest reserves are supplied by annual fixed charges 
for roads and schools. 
Act of April 5, 1905, and act of May 13, 1909, pages 228, 
248. 
Telephone, telegraph, and electric light companies may be com- 
pelled to pay damages for injuries to trees along high- 
ways and on adjacent lands. 
Act of June 2, 1891, page 211. 
Tenant in common is prohibited from cutting or removing 
timber from lands held in common without first obtaining 
written consent of all his co-tenantst The writ of estrepe- 
ment may issue to prevent further cutting. 
Act of May 4, 1869, sees. 1, 3, page 209. 
Timber cutting is prohibited on land of another. 

Act of June 9, 1911, page 261. 
Timber lands shall be returned by the assessors at each tri- 
ennial assessment, specifying the number of acres of tim- 
ber and the number of acres of cleared land in each tract. 
Act of June 13, 1883, page 210. 
Timber, sale of, removed by tenant in common without con- 
sent of co-tenants shall pass no title; owner may recover 
same and all articles manufactured therefrom, besides 
damages, in an appropriate action. 
Act of May 4, 1869, sec. 2, page 209. 
Timber, purchase of, or of material made therefrom, knowing 
that it was illegally removed from land of another, is a 
misdemeanor and punishable under act June 9, 1911, 
page 261. 



GAME, FISH AND FORESTRY LAWS. 281 

Timber, double value of, may be recovered for felling, and 
treble value for conversion. 
Ibid pa^e 261. 

Title to unseated land shall be vested in the Department of 
Forestry, if suitable for forestry purposes. 
Act of May 3, 1909, page 246. 

Title to all lands purchased by the Commission shall be in the 
Commonwealth, held by the Commissioner of Forestry, 
and said lands are not to he subject to warrant, survey or 
patent. 
Act of February 2.5, 1901, sec. 8, page 221. 
Trees on forest reser\ •-.-> are protected by penalty of one thou- 
sand dollars fine or six months imprisonment. 
Act May 5, 1911, page 257. 

Trees and woodlands are protected by act June 9, 1911, page 

2lil. 
Tre*5s: Damages for injuries to trees along highways or ad- 
joining lands may be recovered from telephone, telegraph 
and electric light companies. 
Act of June 2, 1891, page 211. 
Trees: Injury done to trees planted by the road side, by 
negligently allowing domestic animals access thereto is 
punishable by fine of from $1 to $5 for each tree; and in de- 
fault of payment or entry of bail for same, the offender 
may be committed to prison one day for each dollar of fine 
and costs. 
Act of July 2, 1901, sec. 5, page 224. 
Trees growing within road limits shall not be injured or de- 
stroyed except in certain cases. Penalties provided. 
Act of April 1, 1909, page 238. 
Trees for fruit or shade, along street, road, or highway, shall 
not be injured or destroyed. 
Act June 7, 1911, page 260. 
Trees: Malicious removal or destruction of boundary trees 
or other landmarks is punishable by a fine of $500 and 
imprisonment for one year. 
Act of March 31, 1860, sec. 153, page 209. 
Trees: Department may grow and distribute at cost. 
Act of April 22, 1909, page 241. 

Trees: Shade Tree Commission in cities, boroughs, and first 
class townships, have full control of trees upon public 
highways. 
Act of May 31, 1907, page 230. 



282 GAME, PISH AND FORESTRY LAWS. 

United States may acquire land In this State for National 
Forest Reserves under certain conditions. 
Act May 11, 1911, page 258. 

Unseated land; see "Title." 

Unseated lands may be purchased by the Commonwealth at 
treasurer's sale, for the purpose of creating a State For- 
estry Reservation, at a price not to exceed the taxes for 
which sold and costs. 
Act of March 30, 1897, page 212. 

Unseated lands other than those sold for taxes, may be bought 
by the Commissioner of Forestry at a price not to exceed 
the assessed value, and in no case to exceed five dollars 
per acre. 

Act of March 80, 1897, sec. 2, as amended by act of April 
28, 1899, P. L. 98, page 213. 

Unseated lands bought by the Forestry Commissioner at tax 
sales, may be redeemed. 
Act of March 30, 1897, sec. 3, page 214. 

Unseated lands purchased at tax sales and not redeemed with- 
in the time allowed by la\v, shall be fully vested in the 
Commonwealth, free from further taxation. The treas- 
ureis of the respective counties shall certify lists of such 
lands so purchased and not redeemed. 
Act of March 30, 1897, sec. 4, page 214. 

Unseated lands acquired by the Commonwealth shall become 
a part of the forestry reserve and shall be controlled and 
managed with a view to the preservation of the water 
supply at the sources of rivers, and for protection from 
destructive floods. 
Act of March 30, 1897, sec. 5, page 214. 

Vacant land, title to. 

Act of May 3, 1909, page 244. 

Wardens upon foi'est reserves, called in the act "persons em- 
ployed by the Commissioner of Forestry," after taking 
the proper oath, shall have conferred upon them powers of 
constables and other peace officers; may arrest on view, 
without warrant, upon reasonable suspicion of an offense 
committed or about to be committed against laws for pro- 
tection of forests and timber lands, and fish and game 
therein, and may convey offenders before justices of the 
peace for hearing and trial, or due process of law. Rules 
must be conspicuously posted on reserves. This power 
Bhall be exercised only upon reserves, or adjacent lands. 



GAME, FISH AND FORESTRY LAWS. 283 

and only beyond the limits of the reserves when necessary 
for pursuit and arrest, or conveying oiTenders into cus- 
tpdy. 
Act of March 11, 1903, page 225. 

are now ex-ofRcio fire wardens. 
Act of May 13, 1909, page 250. 

Warrants need not first issue for the arrest of persons tres- 
passing on forest and timber lands, when a reasonable 
suspicion exists that they have violated or are about to 
violate the law pertaining to such lands. 
Act of April 29, 1897, page 215. 

Water may be impounded on reservations for the use of 
boroughs. 
Act 14th April, 1905, page 230. 

Water supply, conservation of. See "Unseated Lands." 
Way, right of, may be granted through State forest reserves. 
Act June 8, 1911, page 261. 

Woods, lands, or marshes, wilful setting fires to. See Fires. 



OFFICIAL LIST OF DEPARTMENT OF FORESTRY. 



State Forestry Reservation Commission. 
Robert S. Conklin, President, Columbia, Lancaster county. 
J. T. Rothrock, M. D,, Secretary, West Chester, Chester county. 
Mira L. Dock, Harrisburg, Dauphin county. 
S. B. Elliott, Reynoldsville, Jefferson county. 
J. Linn Harris, Bellefonte, Centre county. 



Office of Commissioner of Forestry. 

Commissioner of Forestry, Robert S. Conklin, Columbia, Lan- 
caster county. 

Deputy Commissioner of Forestry, I. C. Williams, Esq., Roy- 
ersford, Montgomery county. 

Clerks, A. Elwyn Strode, West Chester, Chester county. 
George W. Howard, Chester, Delaware county. 



284 GAME, PISH AND FORESTRY LAWS. 

NOTICE. 

Department of Forestry, 
Harrisburg, Pa., June 1, 1911. 

The act approved March 11, 1903, confers the powers of con- 
stables upon those who are employed by the Commissioner of 
Forestry under existing laws for the protection of State Forest 
Reserves. The employes of this Department will be properly 
instructed and duly qualified according to law. They will be 
expected to take prompt and decided measures, and arrest all 
persons who violate any laws intended to protect the timber, 
game, or fish upon the State Forest Reserves, or the rules of 
the Department. Failure on the part of a State Forest Officer 
to do this in a proper case will be followed by immediate dis- 
missal from the service of the State. Those employed by this 
Department will be recognized by the State Forest Reserve 
badge which they wear. 

The proper protection for our Forest Reserves should inter- 
est every citizen of the State, because he or she is a part owner 
of the land. It will be a favor to this office if persons who are 
aware of any neglect of duty on the part of forest officers will 
promptly notify the Department, giving facts necessary to 
form an intelligent judgment and to enable the taking of 
prompt action. 

ROBERT S. CONKLIN, 
Commissioner of Forestry. 



Index to Forestry Laws. 



A. 

Page. 

Acts, certain, prohibited in forest or timber land, 209, 2 10, 215, 280, 238, 249 
257,261, 

Academy , Forest , 228 

Address of Commissioner of Forestry, 270 

A'dvertisemeut by County Commissioners, 212 

Analysis of Forest laws 273 

Application for permit to camp, 269 

Appalachian Reserve, may be established in Pennsylvania, 258 

Appointment of Commissioner of Forestry, 217 

Appointment of forest wardens, 219 

Appointment of fire wardens 249 

Appointment of detectives 219 

Arrest , 216 

warrant for, 28:!. 240, 257, 260, 261, 267 

without warrant, 215,225,255,270 

Associations , suggestions on 271 

Assessors, duties of 210 

Assistance in extinguishing fire, compelling, 250 

Assistant fire wardens, 251 

Attorneys may be employed, 219,222 

Auditor General, certain duties of 2 1;{. 216, 222, 249. 252, 253 

B. 

Bond, State Forestry Commissioner, 221 

Boundary trees, removal of, 209 

Borough officers, powers of, 223 

Boroughs, right to impound water, 230 

right to establish forests 230 



Camp on State lauds 269 

Cattle, pasturing of, 270 

Chestnut-tree blight, 264 

City forests may be established, 241 

Commission, State Forestry Reservation 217 

Commissioners, county, certain duties of, 212.216,222,252 

Commissioners of Forestry, appointment of, 217 

Commonwealth authorized to purchase land for taxes 212 

Compensation of Are wardens 250,251 

for daily patrol of fire wardens 255 



(286) 



286 INDEX. 

Page. 

CompulBory assistance in extinguishing fire 250 

Condemnation by United States, 258 

Constables, powers and duties of, 215 

Convictions before court 209,210,211,237,256,257 

before justice, 224,220,240,260 

Cook Estate, examination of lands of, 263 

County Commissioners, duties of 212,216,222,252 

County Treasurer, duties of, 212 

County may forfeit State aid, 223 

Cutting or mutilating growing timber, 257,260,261 

Cutting timber trees by tenants in common, 209 

D. 

Daily patrol by fire wardens, 255 

Damage to trees by elctric light or telephone companies, 211 

Damage or cutting or injuring timber without owner's consent, 205), 257, 260 

261. 

Debris must be removed from oil or gas well lands 235,237 

Department of Forestry, 217 

Detectives may be appointed by Department of Forestry, 210,219,222 

shall be appointed by County Commissioners 2j 0,219,222 

Disability of fire wardens 253 

Disease of chestnut-tree , 264 

Dispute about compensation for fighting fire, how settled, 254 

District fire warden, 250 

Division of revenue from sale of timber, 219 

Dogs on State lands, 270 

Duty of Commissioner of Forestry, 219 

Duty of fire wardens , 250 

constables , 215 

justices, 224,226,260 

E. 

Electric light companies, liability of for damage to trees, 211 

Employes of the Commissioner of Forestry, powers on State land, 225 

ex-ofiicio fire wardens, 250 

Estrepement, writ of 210 

Expense of extinguishing fire, how paid, 252 

F. 

Fire seasons defined 235 ,255 

starting on one's own land, or land of another, 261 

not to be lighted on woolands or marshes 261 

not to be kindled on forest reserves, 257 

Fire warden, chief and deputy chief, 249 

duties and powers of, 249,250 

penalties for failing in duty, 256 

assistant , 251 

system of, 249 

Firing the woods, penalties for, 267,261 

Forestry Reservation Commiasion 217 

Forest, manlcipal, may b« e«ta&U«lt«d, 241 



INDEX. 287 

Page. 

Forest reserve, exempt from taxation 221 

fixed charge on , 228 , 248 

right of way tbiough , 261 

waters on 230 

wardens 219,228 

academy , 228 

Fraudulent claim for compensation of extinguishing fire, 256 

Fruit trees along roadside 260 

G. 

Gas well lands, preventing fire on 235 

Governor, duties of in certain cases 218,220 



Highways bordering on or within reserves, 221 

trees along, protection of, 260 

I. 

Intentional firing of forests , ' 257 , 261 



Jurisdiction of constables, 215 

Justice of the peace, 224,226,255,260 



Kindling fires on State reserves, 257 

Kindling fires on one's own land or on lands of another 261 

L. 

Land, power of Forestry Commission to purchase, 217 

of the State exempt from taxation 221 

liable to fixed charge, 228,248 

title to vacant 246 

in forest reserves under charge of Commissioner of Forestry, . . . 219 

not subject to warrant or survey, * 221 

Jjandmarks , 209 

Lease of mineral rights in reserves 218 

Letter from Commissioner of Forestry, 270 

Liability, personal, of fire wardens to pay costs of extinguishing fire, 254 

M. 

Magistrate, duties of, 224,226,255,260 

Maximum price to be paid for land 217 

Mineral on State land 218 

MlsdMueanor 209,224,226,283,236,256.257,260,261,267 



288 INDEX. 

Page. 

Municipal forests may be established 241 

Municipalities, right to impound water, 230 

Mntllatlon of growing timber, 257,260,261 

N. 

Navigable rivers, warrants for beds of, 24T 

Notice, trespass (See Index to Game Laws). 

Notice of the Commissioner of Forestry ; 270 



O. 

OfHce of the Commissioner of Forestry, 220 

OfBcers refusing or neglecting to do their duty 215,222,240,256 

Oil well lands, precautions to prevent fire on, 235 

Organization, suggestions for game, fish and forestry, 271 

Owners in common, rights of, 209 

Owners, no compensation for, extingiiisbing fire on own laud, 251 



Pasturing of cattle 270 

Penalty for refusing assistance in extinguishing lire, 266 

Permit to camp 26© 

Persons assisting to extinguish fire shall be paid, 254 

Pipe lines (See Rights of Way) , 230 

Powers of the Commissioner of Forestry, 219 

forest wardens, or rangers and foresters, 225,250 

President of Forestry Commission 219 

Protection of the State Forest Reserves, 257 

trees and woodlands 261 

Public roads in or along forest reserves, 221 

Purchase of land by the Commonwealth 217 

money for, how paid -. 220 



R. 

Railroad engines setting fire , 297 

penalty for , 237 

companies, duties of respecting fire 237 

Record to be kept of lands purchased by Commissioner of Forestry, 214 

Redemption of land, 214 

Refusing, ofllcers to do duty, 215,222,240,256 

Removing or destroying land marks, 209 

Reserve, fixed charge on, 228,248 

Revenue for school and road purposes, 228,248 

Rights of way through State lands, 261 

Rivers, navigable, warrant for beds of, 247 

Roads on forest reserves , 221 

Rules of Forestry Commission, power to make, 218 

Bules, punishment for riolatlng, 2S7 



INDEX. 289 

s. 

Page. 

Siinaforium at Mont Alto transferred, 234 

Schools, fixed charge for, 248 

School of Forestry 228 

Seeding trees, jjrowth and distribution of 241 

Setting fire to woodland 2~u . 261 

Shade trees, planting of, by boroughs, cities and townships 2.30 

along roadsides 260 

Shade Tree Commission , 230 

Spark arresters, engines to be provided with , 237 

State Forest Academy, 228 

lands, public roads on 221 

subject to fixed charge 228,248 

not subject to taxation , 221 

Treasurer, duties of 216,220,229 

State park 262 

State shall pay four-fifths cost of fighting fire 252 

Street railways on forest reserves, 226 

Suggestions for organization 271 

Summary of forest laws , 273 

T. 

Telegraph or telephone companies, liability of 211 

Tenants in common, rights of 209 

Timber cutting without owner's consent, 2.57 , 261 

land to be returned for assessment, 210 

title to, not to pass under certain conditions 210,262 

from State reserves may be sold by Commission, 218 

Title of land to vest In Commonwealth, 221 

Title to vacant land , 246 

Township forests may be established 241 

Town officials, duties in certain cases 22o,23(> 

Tree, chestnut, disease of 264 

Tree seedlings, growth and distribution of, 241 

Trees, damage of 209.211,224.233,238,2.57,260,261 

borough may require planting of, 223 

growing along roadside : .224,238,260 

malicious removal or destruction of, 209,257,261 

planting along roadside 224.230 

wilful or careless mutilation of, prohibited, 257,260 

planting of, by Shade Tree Commission, 230 

Trees and woodlands, protection of, 261 

United States may establish reserves In Pennsylvania 258 

D. 

Unseated land 212 

V. 

Vacant land, title to, 246 

Viewers to appraise vacant land, 246 

Viewers to appraise damage, 211 

19 



290 INDEX. 7^^ 

w. 

Page. 

Wanton or wilful starting forest fires 257,261 

Wardens, fire, duties and powers of 250 

or forest rangers duties and powers of 250 

Warrants of arrest 233,240,257,260,261,267 

for trespass. (See Index to Game Laws). 
Wilful or careless destruction or mutilation of trees and timber, 257,260,261 

Writ of estrepement , how obtained, 210 

Woods, woodlands or marshes, wilful setting fire to, 257,261 

Woodlands , protection of, 261 



LbAp'l2 



LIBRARY OF CONGRESS 







002 898 677 4 



